BANCROFT 
LIBRARY 

-o 

THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 


COLORADO'S 

STATE  LAND 
LAWS 


1914 


ISSUED  UNDER  THE  AUTHORITY  OF 

The  State  Board  of  Land  Commissioners 

VOLNEY  T.  HOGGATT,  Register 

APPROVED  BY  THE  ATTORNEY  GENERAL  OF  THE  STATE  OF  COLORADO 


FIRST  EDITION— NINETEEN  FOURTEEN 


PUBLISHED  BY  AUTHORITY 


STATUTES 


OF  THE 


STATE  OF  COLORADO 


RELATING  TO 


SALE  AND  DISPOSITION 


OF 


STATE  LANDS 


1914 


DENVER,  COLORADO 
THE  SMITH-HROOKS  PRINTING  COMPANY,  STATE  PRINTERS 

1914 


CONDITION  OF  THE  VARIOUS  GENERAL  AND  SPECIAL  GRANTS 
OF  PUBLIC  LANDS  DONATED  BY  ACTS  OF  CONGRESS  TO 
THE  STATE  OF  COLORADO  NOW  UNDER  THE  CONTROL  OF 
THE  STATE  BOARD  OF  LAND  COMMISSIONERS  OF  COLO- 
RADO, AS  SHOWN  AT  END  OF  BIENNIAL  PERIOD,  NOVEM- 
BER 30,  1912 

SCHOOL  AND  INDEMNITY  SCHOOL  LANDS 

Total  acreage  granted* 3,561,572.40 

Total  acreage  sold 483,636.50 

Total  acreage  remaining 3,077,935.90 

AGRICULTURAL  COLLEGE  LANDS 

Total  acreage  granted 89,925.63 

Total  acreage  sold 55,534.44 

Total  acreage  remaining 34,391.19 

INTERNAL  IMPROVEMENT  LANDS 

Total  acreage  granted 502,198.73 

Total  acreage  sold 324,066.49 

Total  acreage  remaining 178,132.24 

PENITENTIARY  LANDS 

Total  acreage  granted 31,265.49 

Total  acreage  sold 21,869.26 


Total  acreage  remaining 9,396.23 

PUBLIC  BUILDING  LANDS 

Total  acreage  granted 31,904.62 

Total  acreage  sold 26,691.93 


Total  acreage  remaining 5,212.69 

SALINE  LANDS 

Total  acreage  granted 18,836.62 

Total  acreage  sold 2,473.76 

Total  acreage  remaining 16,362.86 

UNIVERSITY  LANDS 

Total  acreage  granted 45,884.43 

Total  acreage  sold 35,083.78 


Total  acreage  remaining 10,800.65 

RECAPITULATION 

Total  acreage  granted 4,281,587.92 

Total  acreage  sold 949,356. 16 

Total  acreage  remaining 3,332,231.76 


*The  United  States  General  Land  Office  records  show  that  the  state  of 
Colorado  was  granted  sections  16  and  36  for  the  support  of  the  common 
schools,  amounting  to  3,715,555.00  acres. 


f 


INDEX 

PageC   (j 

Agricultural  College  grant 12 

Constitution  of  Colorado 6 

Desert  lands 23 

Enabling  Act 5 

Forestry  and  timber  lands 13 

State  Board  of  Forestry 18 

Exchange  of  land  in  forest  reserve 65 

Farm  loans — application,  protection 58 

Report  to  county  commissioners 59 

Referred  to  county  commissioners 59 

Renewals  of  loans 60 

Payment  of  loans 60 

Apportioned  annually  to  counties 60 

County  responsible 61 

Procedure  when  unpaid 61 

Penalty  county  officer 62 

Bought  in  by  the  state 62 

Investment  of  funds,  loans,  irrigation  bonds 57 

Irrigating — petitioning  state  land  into  district 35,  37 

a.  By  the  Land  Board 38 

b.  By  holder  of  certificate 37 

c.  Securing  water  rights  for  state  land  by  the  Land  Board 36 

Mineral  department 63 

Superintendent — duties,  salary,  bond 63 

Coal  royalties,  tonnage 64 

Mineral  locations  on  state  land 64 

Patents,  mining  claims 65 

Rentals  and  royalties,  leases 46 

State  canals  and  reservoirs 20 

State  Board  of  Land  Commissioners 41 

Appointment,  term,  etc 41 

Register 42 

Deputy  register 43 

Land  patents 43 

Fees  for  appraisement 44 

Location  and  selection  of  lands 44 

Appraisers 44 

Fees  of  the  office ' 44 

Settler's  improvements ; 45 

Rental  and  royalty,  leases 46 

Leases — term,  renewal 47 

Lessees,  allowance  to,  when  land  sold 65 

Improvements,  cancellation  of  leases 47 

Leasing  and  sale  in  cities 48 

Trespassing,  penalties 48 

Sale  of  lands — auction 49 

Sale  of  lands — settler's  improvements,  advertising 50 

Sale  of  lands — terms,  certificate  of  purchase  patent .....' '....'  51 

Sale  of  lands — forfeiture  and  resale 52 

Certificate  of  purchase  lost,  new  one  issued 53 

Funds — sale  of  land,  disposition 55 

Funds — leases,  disposition 55 

Rights-of-way,  reversion  to  state 55 

Sales  of  arid  land  to  secure  irrigation  of  other  land 56 

Interest — effect,  of  default,  collection  by  attorney-general 62 

State  funds 66,  69 

Taxation 54 

Assessors  notified  of  lands  sold  by  the  state 54 

No  tax  on  reverted  land 55 

Definition  of  terms,  assessment 54 


SECTION  16,  TOWNSHIP  1  SOUTH,  RANGE  68  WEST,  IN  ADAMS  COUNTY 
Formerly  State  Land,  Now  an  Improved  Farm 


Colorado's  State  Land  Laws 
1914 


ENABLING  ACT 

Section  1.  School  lands. — The  sections  numbered  sixteen'and 
thirty-six  in  every  township,  and  where  such  sections  have  been 
sold  or  otherwise  disposed  of  by  any  act  of  congress,  other  lands 
equivalent  thereto  in  legal  sub-divisions  of  not  more  than  one 
quarter-section,  and  as  contiguous  as  may  be,  are  hereby  granted 
to  said  state  for  the  support  of  common  schools.  (Sec.  7,  R.  S. 
1908,  Enabling  Act.) 

Sec.  2.  Land  for  public  buildings. — That,  provided  the  state 
of  Colorado  shall  be  admitted  into  the  Union  in  accordance  with 
the  foregoing  provisions  of  this  act  fifty  entire  sections  of  the 
unappropriated  public  lands  within  said  state,  to  be  selected  and 
located  by  direction  of  the  legislature  thereof,  and  with  the 
approval  of  the  president,  on  or  before  the  first  day  of  January, 
eighteen  hundred  and  seventy-eight,  shall  be  and  are  hereby 
granted,  in  legal  sub-divisions  of  not  less  than  one  quarter-section, 
to  said  state  for  the  purpose  of  erecting  public  buildings  at  the 
capital  of  said  state,  for  legislative  and  judicial  purposes,  in  such 
manner  as  the  legislature  shall  prescribe.  (Sec.  8,  R.  S.  1908, 
Enabling  Act.) 

Sec.  3.  Land  for  penitentiary. — That  fifty  other  entire  sec- 
tions of  land  as  aforesaid,  to  be  selected  and  located  and  with  the 
approval  as  aforesaid,  in  legal  sub-divisions  as  aforesaid,  shall 
be,  and  they  are  hereby  granted,  to  said  state  for  the  purpose  of 
erecting  a  suitable  building  for  a  penitentiary  or  state  prison  in 
the  manner  aforesaid.  (Sec.  9,  R.  S.  1908,  Enabling  Act.) 

Sec.  4.  Land  for  university. — That  seventy-two  other  sec- 
tions of  land  shall  be  set  apart  and  reserved  for  the  use  and  sup- 
port of  a  state  university,  to  be  selected  and  approved  in  manner 
as  aforesaid,  and  to  be  appropriated  and  applied  as  the  legislature 
of  said  state  may  prescribe  for  the  purpose  named  and  for  no 
other  purpose.  (Sec.  10,  R.  S.  1908,  Enabling  Act.) 


6  COLORADO    STATE    LAND    LAWS 

Sec.  5.  Salt  springs.— That  all  salt  springs  within  said  state 
not  exceeding  twelve  in  number,  with  six  sections  of  land  adjoin- 
ing, and  as  contiguous  as  may  be  to  each,  shall  be  granted  to  said 
state  for  its  use,  the  said  land  to  be  selected  by  the  governor  of 
said  state  within  two  years  after  the  admission  of  the  state,  and 
when  so  selected  to  be  used  and  disposed  of  on  such  terms,  con- 
ditions and  regulations  as  the  legislature  shall  direct;  Provided, 
That  no  salt  spring  or  lands,  the  right  whereof  is  now  vested  in 
any  individual  or  individuals,  or  which  hereafter  shall  be  con- 
firmed or  adjudged  to  any  mdividual'or  individuals,  shall  by  this 
act  be  granted  to  said  state.  (Sec.  11,  R.  S.  1908,  Enabling  Act.) 

Sec.  6.  Sale  of  agricultural  lands. — That  five  per  centum  of 
the  proceeds  of  the  sales  of  agricultural  public  lands  lying  within 
said,  state,  which  shall  be  sold  by  the  United  States  subsequent  to 
the  admission  of  said  state  into  the  Union,  after  deducting  all  the 
expenses  incident  to  the  same,  shall  be  paid  to  the  said  state  for 
the  purpose  of  making  such  internal  improvements  within  said 
state  as  the  legislature  thereof  may  direct;  Provided,  That  this 
section  shall  not  apply  to  any  lands  disposed  of  under  the  home- 
stead laws  of  the  United  States,  or  to  any  lands  now  or  hereafter 
reserved  for  public  or  other  uses.  (Sec.  12,  R.  S.  1908,  Enabling 
Act.) 

Sec.  7.  School  lands — How  sold. — That  the  two  sections  of 
land  in  each  township  herein  granted  for  the  support  of  common 
schools  shall  be  disposed  of  only  at  public  sale  and  at  a  price  not 
less  than  two  dollars  and  fifty  cents  per  acre,  the  proceeds  to 
constitute  a  permanent  school  fund,  the  interest  of  which  to  be 
expended  in  the  support  of  common  schools.  ( Sec.  14,  R.  S.  1908, 
Enabling  Act.) 

Sec.  8.  Mineral  lands  excepted. — That  all  mineral  lands  shall 
be  excepted  from  the  operation  and  grants  of  this  act.  (Sec.  15, 
R,  S.  1908,  Enabling  Act.) 

Approved  March  3,  1875. 


CONSTITUTION  OF  THE  STATE  OF  COLORADO 

Sec.  9.  Appointment  of  officers — Vacancy. — The  governor 
shall  nominate,  and  by  and  with  the  consent  of  the  senate,  appoint 
all  officers  whose  offices  are  established  by  this  constitution,  or 
which  may  be  created  by  law,  and  whose  appointment  or  election 
is  not  otherwise  provided  for,  and  may  remove  any  such  officer 
for  incompetency,  neglect  of  duty  or  malfeasance  in  office.  If 
during  the  recess  of  the  senate  a  vacancy  occur  in  any  such  office, 


COLORADO    STATE    LAND    LAWS  7 

the  governor  shall  appoint  some  fit  person  to  discharge  the  duties 
thereof  until  the  next  meeting  of  the  senate,  when  he  shall  nomi- 
nate some  person  to  fill  such  office.  If  the  office  of  auditor  of 
state,  state  treasurer,  secretary  of  state,  attorney-general  or 
superintendent  of  public  instruction  shall  be  vacated  by  death, 
resignation  or  otherwise,  it  shall  be  the  duty  of  the  governor  to 
fill  the  same  by  appointment,  and  the  appointee  shall  hold  his 
office  until  his  successor  shall  be  elected  and  qualified  in  such 
manner  as  may  be  provided  by  law.  The  senate  in  deliberating 
upon  executive  nominations  may  sit  with  closed  doors,  but  in 
acting  upon  nominations  they  shall  sit  with  open  doors,  and  the 
vote  shall  be  taken  by  ayes  and  noes,  which  shall  be  entered  upon 
the  journal.  (Sec.  G,  Art.  IV,  Constitution.) 

Sec.  10.  School  fund  inviolate. — The  public  school  fund  of 
the  state  shall  forever  remain  inviolate  and  intact;  the  interest 
thereon,  only,  shall  be  expended  in  the  maintenance  of  the  schools 
of  the  state,  and  shall  be  distributed  amongst  the  several  counties 
and  school  districts  of  the  state,  in  such  manner  as  may  be  pre- 
scribed by  law.  No  part  of  this  fund,  principal  or  interest,  shall 
ever  be  transferred  to  any  other  fund,  or  used  or  appropriated, 
except  as  herein  provided.  The  state  treasurer  shall  be  the 
custodian  of  this  fund,  and  the  same  shall  be  securely  and  profit- 
ably invested  as  may  be  by  law  directed.  The  state  shall  supply 
all  losses  thereof  that  may  in  any  manner  occur.  ( Sec.  3,  Art.  IX, 
Constitution;  p.  42,  R,  S/1908.) 

This  section  cited  in  considering  a  proposed  bill  for  a  loan  of  the 
school  fund.  18  Colo.,  196-199;  32  Pac.,  273. 

This  section  cited  in  considering  section  2  of  this  article.  18  Colo., 
235;  32  Pac.,  423. 

This  section  cited  in  considering  a  proposed  bill  creating  a  Board  of 
Control  for  State  Canal  No.  1.  19  Colo.,  69;  34  Pac.,  276. 

This  section  cited  in  an  action  on  warrants  drawn  on  a  road  fund. 
1  Colo.  App.,  371;  29  Pac.,  290. 

The  general  school  fund  belongs  to  the  county  until  it  is  appropriated 
and  accredited  to  the  respective  districts.  12  Colo.,  457;  21  Pac.,  497. 

The  amendment  to  Sec.  3  of  Art.  XI  of  the  Constitution  (Laws  1909, 
C.  148)  is  not  in  conflict  with  Sec.  3  of  Art.  IX.  53  Colo.,  129;  124  Pac.,  176. 

Sec.  11.  Of  what  school  fund  consists. — The  public  school 
fund  of  the  state  shall  consist  of  the  proceeds  of  such  lands  as 
have  heretofore  been,  or  may  hereafter,  be  granted  to  the  state  by 
the  general  government  for  educational  purposes;  all  estates  that 
may  escheat  to  the  state;  also  all  other  grants,  gifts  or  devices 
that  may  be  made  to  this  state  for  educational  purpose.  (Sec.  5, 
Art.  IX,  Constitution;  p.  42,  R.  S.  1908.) 

Sec.  12.  County  superintendent  of  schools.— There  shall  be  a 
county  superintendent  of  schools  in  each  county,  whose  term  of 
office  shall  be  two  years,  and  whose  duties,  qualifications  and 
compensation  shall  be  prescribed  by  law.  He  shall  be  ex-officio 


8  COLORADO    STATE    LAND    LAWS 

commissioner  of  lands  within  his  county,  arid  shall  discharge  the 
duties  of  said  office  under  the  direction  of  the  state  board  of  land 
commissioners,  as  directed  by  law.  (Sec.  6,  Art.  IX,  Constitution  ; 
p.  42,  B.  S.  1908.) 

The  legislature  has  imposed  upon  county  superintendents  the  duty  of 
general  supervision  of  the  school  system  within  their  respective  counties. 
15  Colo.  App.,  294;  63  Pac.,  329. 

Sec.  13.  Aid  to  private  schools,  churches,  etc.,  forbidden.— 
Neither  the  general  assembly,  nor  any  county,  city,  town,  town- 
ship, school  district  or  other  public  corporation,  shall  ever  make 
any  appropriation,  or  pay  from  any  public  fund  or  moneys  what- 
ever, anything  in  aid  of  any  church  or  sectarian  society,  or  for 
any  sectarian  purpose,  or  to  help  support  or  sustain  any  school, 
academy,  seminary,  college,  university  or  other  literary  or  scien- 
tific institution,  controlled  by  any  church  or  sectarian  denomina- 
tion whatsoever;  nor  shall  any  grant  or  donation  of  land,  money 
or  other  personal  property,  ever  be  made  by  the  state,  or  any 
such  public  corporation,  to  any  church,  or  for  any  sectarian  pur- 
pose. (Sec.  7,  Art.  IX,  Constitution;  p.  42,  R.  S.  1908.) 

This  section  referred  to  in  considering  a  bill  for  kindergarten  schools. 
18  Colo.,  235;  32  Pac.,  423. 

This  section  cited  in  construing  section  34,  Article  V.  23  Colo.,  91; 
46  Pac.,  118. 

Sec.  14.  The  state  board  of  land  commissioners. — The  state 
board  of  land  commissioners  shall  be  composed  of  three  (3)  per- 
sons to  be  appointed  by  the  governor,  with  the  consent  of  the 
senate,  who  shall  have  the  direction,  control  and  disposition  of  the 
public  lands  of  the  state  under  such  regulations  as  are  and  may 
be  prescribed  by  law,  one  of  which  persons  shall  at  the  time  of  his 
appointment  be  designated  as  president  of  the  board  and  whose 
office  shall  expire  on  the  second  Tuesday  of  January,  1917,  one  of 
which  persons  shall  at  the  time  of  his  appointment  be  designated 
as  register  of  the  board  and  whose  term  of  office  shall  expire  on 
the  second  Tuesday  of  January,  1915,  and  the  third  member  of 
said  board  shall  at  the  time  of  his  appointment  be  designated  as 
the  engineer  of  the  board  and  shall  always  be  professionally  a 
civil  engineer,  who,  for  at  least  five  (5)  years,  has  been  actively 
engaged  in  the  practice  of  his  profession  and  whose  term  of  office 
shall  expire  on  the  second  Tuesday  of  January,  1913;  and  the 
successor  and  successors  of  the  first  members  of  the  board  shall 
each  be  appointed  for  the  terms  of  six  (6)  years. 

On  the  adoption  of  this  amendment  by  the  electors  of  this 
state,  it  shall  not  go  into  full  force  and  effect  until  the  second 
Tuesday  of  January,  1911. 

The  members  of  the  board  shall  each  receive  a  salary  of  three 
thousand  dollars  ($3,000)  per  annum  until  otherwise  provided  by 


COLORADO    STATE    LAND    LAWS  9 

law ;  but  the  salary  of  each  member  of  this  board  is  to  be  paid  out 
of  the  income  of  the  said  state  board  of  land  commissioners. 
(Sec.  9,  Art.  TX,  as  amended  by  Chap.  U9,  p.  322,  S.  L.  1909.) 

The  sale  of  school  lands  is  confined  entirely  to  the  discretion  of  the 
Board.  18  Colo.,  136;  31  Pac.,  860. 

"Under  such  regulations  as  are  and  may  be  prescribed  by  law"  con- 
strued to  mean,  under  such  reasonable  rules  as  may  be  prescribed  from 
time  to  time  by  the  legislature.  18  Colo.,  361;  32  Pac.,  987. 

The  legislature  is  without  power  to  give  to  a  body  of  its  own  creation 
authority  to  exercise  the  powers  herein  conferred,  conjointly  with  the 
Land  Board.  19  Colo.,  69;  34  Pac.,  276. 

This  section  cited  in  refusing  to  answer  questions  submitted  by  the 
Land  Board  concerning  a  lease.  27  Colo.,  101;  60  Pac.,  345. 

This  section  cited  in  considering  the  matter  of  tax  exemption  after 
sale  of  State  lands.  This  decision  was  based  on  act  of  1889,  which  was 
repealed  by  Revenue  Act  of  1902.  43  Colo.,  466;  96  Pac.,  443. 

This  section  cited  in  a  case  holding  that  the  Board  had  power  to 
cancel  a  lease  obtained  through  fraud.  20  Colo.  App.,  442;  79  Pac.,  751. 

This  section  cited  in  51  Colo.,  260-265;  117  Pac.,  143. 

Cited  in  holding  that  when  the  Board  attempts  to  dispose  of  the  State 
lands  under  its  lawful  powers,  a  failure  on  its  part  to  substantially  comply 
with  the  requirements  of  the  legislative  act  concerning  such  disposition 
leaves  the  title  unaffected,  and  conveys  no  title  in  the  land  to  the  pur- 
chaser. Under  such  circumstances,  the  acts  of  the  Board,  in  executing  or 
delivering  any  deed  or  other  muniment  of  title  to  the  land,  are  ultra  vires. 
21  Colo.  App.,  86-89;  121  Pac.,  128. 

Cited  in  re  Salaries  of  Commissioners  and  Employes  of  State  Land 
Board.  55  Colo., ;  133  Pac.,  140. 

Sec.  15.  Selection  and  control  of  public  lands. — It  shall  be 
the  duty  of  the  state  board  of  land  commissioners  to  provide  for 
the  location,  protection,  sale  or  other  disposition  of  all  the  lands 
heretofore,  or  which  may  hereafter  be  granted  to  the  state  by  the 
general  government,  under  such  regulations  as  may  be  prescribed 
by  law ;  and  in  such  manner  as  will  secure  the  maximum  possible 
amount  therefor.  No  law  shall  ever  be  passed  by  the  general 
assembly  granting  any  privileges  1o  persons  Avho  may  have  settled 
upon  any  such  public  lands  subsequent  to  the  survey  thereof  by 
the  general  government,  by  which  the  amount  to  be  derived  by 
the  sale,  or  other  disposition  of  such  lands,  shall  be  diminished, 
directly  or  indirectly.  The  general  assembly  shall,  at  the  earliest 
practicable  period,  provide  by  law  that  the  several  grants  of  land 
made  by  congress  to  the  state  shall  be  judiciously  located  and 
carefully  preserved  and  held  in  trust  subject  to  disposal,  for  the 
use  and  benefit  of  the  respective  objects  for  which  said  grants  of 
land  were  made,  and  the  general  assembly  shall  provide  for  the 
sale  of  said  lands  from  time  to  time ;  and  for  the  faithful  applica- 
tion of  the  proceeds  thereof  in  accordance  with  the  terms  of  said 
grants.  (Sec.  10,  Art.  IX,  Constitution;  p.  43,  R.  S.  1908.) 

The  sale  of  school  lands  is  confined  entirely  to  the  discretion  of  the 
Board.  18  Colo.,  137,  139 ;  31  Pac.,  860. 

This  section  cited  in  determining  what  are  internal  improvements 
under  section  12  of  the  Enabling  Act.  18  Colo.,  319;  32  Pac.,  612. 


10  COLORADO  STATE  LAND  LAWS 

This  section  cited  in  considering  a  bill  for  the  leasing  of  State  lands. 
18  Colo.,  361;  32  Pac.,  987. 

This  section  cited  in  considering  an  act  creating  a  Board  of  Control 
for  State  Canal  No.  1.  19  Colo.,  68;  34  Pac.,  276. 

This  section  cited  in  refusing  to  answer  questions  submitted  by  the 
Land  Board  concerning  the  leasing  of  land.  27  Colo.,  101;  60  Pac.,  345. 

Cited  in  considering  the  matter  of  tax  exemption  after  sale  of  State 
lands.  This  decision  was  based  on  act  of  1889,  which  was  repealed  by 
Revenue  Act  of  1902.  43  Colo.,  466;  96  Pac.,  443. 

This  section  cited  in  51  Colo.,  260,  265;  117  Pac.,  143. 

Sec.  16.  Public  property  exempt. — The  property,  real  and 
personal,  of  the  state,  counties,  cities,  towns  and  other  municipal 
corporations  and  public  libraries,  shall  be  exempt  from  taxation. 
(Sec.  4,  Art.  X,  Constitution;  p.  44,  R.  S.  1908.) 

This  section  considered  in  connection  with  sections  3  and  5  concern- 
ing the  classification  of  railroad  property.  26  Colo.,  107;  56  Pac.,  664. 

Exemption  of  city  lands  acquired  for  water  right  purposes.  36  Colo., 
232;  84  Pac.,  1113. 

Cited  in  considering  the  matter  of  the  taxation  of  State  lands  after 
sale  and  before  title  passes.  43  Colo.,  473;  96  Pac.,  446. 

This  section  cited  in  holding  that  a  legacy  to  the  State  University 
was  not  subject  to  the  inheritance  tax.  46  Colo.,  95;  102  Pac.,  1080. 

The  road-bed  and  right-of-way  of  a  toll-road  company  is  not  exempt 
3  Colo.  App.,  79;  32  Pac.,  551. 

This  section  cited  in  considering  the  matter  of  tax  exemption  after 
sale  of  State  lands.  43  Colo.,  466;  96  Pac.,  443. 

This  decision  was  based  on  the  act  of  1889,  which  was  repealed  by 
Revenue  Act  of  1902. 

This  section  cited  in  the  case  of  In  Re  Inheritance  Tax,  Macky  Est. 
46  Colo.,  79,  95;  102  Pac.,  1080. 

Sec.  17.  Report  of  state  treasurer. — The  treasurer  shall  keep 
a  separate  account  of  each  fund  in  his  hands;  and  shall,  at  the 
end  of  each  quarter  of  the  fiscal  year,  report  to  the  governor  in 
writing,  under  oath,  the  amount  of  all  moneys  in  his  hands  to 
the  credit  of  every  such  fund,  and  the  place  where  the  same  are 
kept  or  deposited,  and  the  number  and  amount  of  every  warrant 
received,  and  the  number  and  amount  of  every  warrant  paid 
therefrom  during  the  quarter.  Swearing  falsely  to  any  such 
report  shall  be  deemed  perjury.  The  governor  shall  cause  every 
such  report  to  be  immediately  published  in  at  least  one  newspaper 
printed  at  the  seat  of  government,  and  otherwise  as  the  general 
assembly  may  require.  The  general  assembly  may  provide  by  law 
further  regulations  for  the  safe  keeping  and  management  of  the 
public  funds  in  the  hands  of  the  treasurer,  but,  notwithstanding 
any  such  regulation,  the  treasurer  and  his  sureties  shall  in  all 
cases  be  held  responsible  therefor.  (Sec.  12,  Art.  X,  Constitution ; 
p.  45,  R.  S.  1908.) 

Cited  in  construing  a  proposed  bill  and  holding  that  no  statute  to 
regulate  the  safe  keeping  of  the  public  money  can  operate  to  relieve  the 
State  treasurer  or  his' sureties  from  liability  upon  his  official  bond.  12  Colo., 
397;  21  Pac.,  487. 

The  particular  bank  for  depositing  may  not  be  designated.— Id. 


COLORADO  STATE  LAND  LAWS  11 

In  the  absence  of  the  statute  the  treasurer  is  not  liable  for  interest. 
17  Colo.,  171;  28  Pac.,  1119. 

This  section  cited  in  a  case  considering  the  bond  of  a  county  treas- 
urer. 24  Colo.,  165,  172;  49  Pac.,  275. 

Sec.  18.  Making  profit  on  public  money  —  Felony.  —  The 
making  of  profit,  directly  or  indirectly,  out  of  state,  county,  city, 
town  or  school  district  money,  or  using  the  same  for  any  purpose 
not  authorized  by  law,  by  any  public  officer,  shall  be  deemed  a 
felony,  and  shall  be  punished  as  provided  by  law.  (Sec.  13,  Art. 
X,  Constitution;  p.  45,  R.  S.  1908.) 

Under  this  section  it  is  proper  for  the  legislature  to  provide  that 
interest  paid  by  banks  shall  be  deposited  to  the  credit  of  the  State.  12 
Colo.,  398;  21  Pac.,  487. 

This  section  is  not  self-executing.  14  Colo.,  403;  24  Pac.,  3;  17  Colo., 
171;  28  Pac.,  1119. 

This  section  cited  in  an  action  by  a  county  treasurer  against  the 
sureties  upon  an  indemnifying  bond.  5  Colo.  App.,  461;  39  Pac.,  81. 

Sec.  19.  Preservation  of  forests. — The  general  assembly  shall 
enact  laws  in  order  to  prevent  the  destruction  of,  and  to  keep  in 
good  preservation,  the  forests  upon  the  lands  of  the  state,  or  upon 
lands  of  the  public  domain,  the  control  of  which  shall  be  conferred 
by  congress  upon  the  state.  (Sec.  G,  Art.  XVIII,  Constitution; 
p.  54,  R.  S.  1908.) 

Sec.  20.  All  laws  remain  till  repealed. — That  all  laws  in  force 
at  the  adoption  of  this  constitution  shall,  so  far  as  not  incon- 
sistent therewith,  remain  of  the  same  force  as  if  this  constitution 
had  not  been  adopted,  until  they  expire  by  their  own  limitation 
or  are  altered  or  repealed  by  the  general  assembly ;  and  all  rights, 
actions,  prosecutions,  claims  and  contracts  of  the  territory  of 
Colorado,  counties,  individuals  or  bodies  corporate  (not  incon- 
sistent therewith)  shall  continue  as  if  the  form  of  government 
had  not  been  changed  and  this  constitution  adopted.  (Sec.  1, 
Schedule;  p.  60,  R.  S.  1908.) 

Sec.  21.  Contracts — Recognizances — Indictments. — That  all 
recognizances,  obligations  and  all  other  instruments  entered  into 
or  executed  before  the  admission  of  the  state,  to  the  territory  of 
Colorado,  or  to  any  county,  school  district  or  other  municipality 
therein,  or  any  officer  thereof,  and  all  fines,  taxes,  penalties  and 
forfeitures  due  or  owing  to  the  territory  of  Colorado,  or  any  such 
county,  school  district  or  municipality,  or  officer;  and  all  writs, 
prosecutions,  actions  and  causes  of  action,  except  as  herein  other- 
wise provided,  shall  continue  and  remain  unaffected  by  the  change 
of  the  form  of  government.  All  indictments  which  shall  have 
been  found,  or  may  hereafter  be  found,  and  all  informations 
which  shall  have  been  filed,  or  may  hereafter  be  filed,  for  any 
crime  or  offense  committed  before  this  constitution  takes  effect, 
may  be  proceeded  upon  as  if  no  change  had  taken  place,  except 


12  COLORADO    STATE    LAND    LAWS 

as  otherwise  provided  in  the  constitution.  (Sec.  2,  Schedule; 
p.  60,  R.  S.  1908.) 

Sec.  22.  Territorial  property  vests  in  state. — That  all  prop- 
erty, real  and  personal,  and  all  moneys,  credits,  claims  and  chosea 
in  action,  belonging  to  the  territory  of  Colorado  at  the  adoption 
of  this  constitution,  shall  be  vested  in  and  become  the  property 
of  the  state  of  Colorado.  (Sec.  3,  Schedule;  p.  60,  R.  S.  1908.) 

Sec.  23.  Constitution  takes  effect  on  president's  proclama- 
tion.— The  provisions  of  this  constitution  shall  be  in  force  from 
the  day  on  which  the  president  of  the  United  States  shall  issue 
his  proclamation  declaring  the  state  of  Colorado  admitted  into 
the  Union;  and  the  governor,  secretary,  treasurer,  auditor  and 
superintendent  of  public  instruction  of  the  territory  of  Colorado 
shall  continue  to  discharge  the  duties  of  their  respective  offices 
after  the  admission  of  the  state  into  the  Union,  until  the  qualifica- 
tion of  the  officers  elected  or  appointed  under  the  state  govern- 
ment; and  said  officers,  for  the  time  they  may  serve,  shall  receive 
the  same  compensation  as  the  state  officers  shall  by  law  be  paid 
for  like  services.  (Sec.  12,  Schedule;  p.  61,  R.  S.  1908.) 


STATE  AGRICULTURAL  COLLEGE 

Sec.  24.  Acceptance  of  terms  of  congressional  act.— That 
full  and  complete  acceptance,  ratification  and  assent  is  hereby 
made  and  given  by  the  state  of  Colorado,  to  all  of  the  provisions, 
terms,  grants  and  conditions,  and  purposes  of  the  grants  made 
and  prescribed  by  the  act  of  the  congress  of  the  United  States, 
entitled  "An  act  to  apply  a  portion  of  the  proceeds  of  the  public 
lands  to  the  more  complete  endowment  and  support  of  the  colleges 
for  the  benefit  of  agriculture  and  the  mechanic  arts,  established 
under  the  provisions  of  an  act  of  congress,  approved  July  2,  1862. 
(L.  1891,  p.  18,  sec.  1;  sec.  86,  R.  S.  1908,  p.  200.) 

[The  act  referred  to  is  found  in  12  Stat.  L.,  p.  503.] 

Sec.  25.  State  board  of  agriculture  control  fund.— That  the 
state  board  of  agriculture  shall  have  the  control  of  the  fund  ap- 
propriated by  the  said  act  of  congress,  and  shall  disburse  the 
same  for  the  use  and  benefit  of  the  state  agricultural  college,  and 
in  accordance  with  the  terms  and  provisions  of  said  act  of  con- 
gress. (L.  1891,  p.  19,  sec.  2;  sec.  87,  R,  S.  1908,  p.  209.) 

Sec.  26.  Investment  of  proceeds  of  lands  sold — Endowment 
fund. — That  all  moneys  derived  from  the  sale  of  lands  aforesaid 
by  the  states  to  which  the  lands  are  apportioned,  and  from  the 
sales  of  land-scrip  hereinbefore  provided  for,  shall  be  invested 


COLORADO  STATE  LAND  LAWS  13 

in  stocks  of  the  United  States  or  of  the  states,  or  some  other  safe 
stocks;  or  the  same  may  be  invested  by  the  states  having  no  state 
stocks,  in  any  other  manner  after  the  legislatures  of  such  states 
shall  have  assented  thereto,  and  engaged  that  such  funds  shall 
yield  not  less  than  five  per  centum  upon  the  amount  so  invested 
and  that  the  principal  thereof  shall  forever  remain  unimpaired; 
Provided,  That  the  moneys  so  invested  or  loaned  shall  constitute 
a  perpetual  fund,  the  capital  of  which  shall  remain  forever  un- 
diminished  (except  so  far  as  may  be  provided  in  section  five  of 
this  act)  and  the  interest  of  which  shall  be  inviolably  appro- 
priated, by  each  state  which  may  take  and  claim  the  benefit  of 
this  act,  to  the  endowment,  support,  and  maintenance  of  at  least 
one  college  where  the  leading  object  shall  be  without  excluding 
other  scientific  and  classical  studies,  and  including  military  tac- 
tics, to  teach  such  branches  of  learning  as  are  related  to  agricul- 
ture and  the  mechanic  arts,  in  such  manner  as  the  legislatures  of 
the  states  may  respectively  prescribe,  in  order  to  promote  the 
liberal  and  practical  education  of  the  industrial  classes  in  the 
several  pursuits  and  professions  in  life.  (22  Stat.  L.,  p.  484;  act 
of  July  2,  1862,  ch.  130 ;  12  Stat.  L.,  p.  503,  as  amended  by  the  act 
of  March  3,  1883,  ch.  102 ;  sec.  4,  Art.  IV,  p.  850,  of  Vol.  2,  Fed. 
Stat.  Ann.) 


FORESTRY  AND  TIMBER  LANDS 

Sec.  27.  Trees  not  to  be  cut. — No  trees  needed  to  conserve 
the  snows,  ice  or  water  of  any  irrigation  district  shall  be  cut  from 
any  part  of  the  public  domain,  except  as  hereinafter  provided. 
(L.  1901,  p.  185,  sec.  1;  sec.  2626,  R,  S.  1908,  p.  743.) 

Sec.  28.  Application  to  cut  trees — Contents. — Any  person 
desiring  to  cut  trees  upon  any  lands  owned  by  the  state  shall 
make  application  in  writing  to  the  registrar  of  the  state  board  of 
land  commissioners,  which  application  shall  contain:  (a)  A 
complete  legal  designation  of  the  lands  upon  which  it  is  desired 
to  cut  the  trees;  (b)  The  purposes  for  which  such  trees  are  to  be 
used ;  (c)  That  he  will  carefully  protect  from  fires  or  other  damage 
all  trees  less  in  size  than  those  desired  to  cut;  (d)  That  he  will 
entirely  remove,  as  directed  by  the  state  board  of  land  commis- 
sioners, all  cut  trees  and  their  branches  in  such  manner  that  fires 
may  not  consume  the  smaller  trees;  (e)  That  such  trees  as  are 
desired  for  use  are  not  necessary  for  the  conservation  of  the  irri- 
gation waters  of  any  irrigation  water-shed.  (L.  1901,  p.  186,  sec. 
2;  sec.  2627,  R.  S,  1908,  p.  743.) 

Sec.  29.  Registrar  refer  application  to  appraiser. — The  reg- 
istrar of  the  state  board  of  land  commissioners  shall,  on  receiving 


14  COLORADO  STATE  LAND  LAWS 

such  application,  refer  the  same  to  the  appraiser  of  state  lands, 
who  shall  estimate  the  cost  of  examining  and  reporting  upon  the 
said  application,  and  the  said  registrar  of  the  state  board  of  land 
commissioners  shall  thereupon  require  of  the  applicant  a  certified 
check  payable  to  the  state  treasurer,  covering  the  costs  as  esti- 
mated by  the  said  appraiser  of  state  lands,  as  well  as  the  costs  of 
all  other  proceedings,  directed  in  this  act,  to  determine  whether 
such  trees  can  be  lawfully  cut.  (L.  1901,  p.  180,  sec.  3;  sec.  2(328, 
R.  S.  1<M)8,  p.  743.) 

Sec.  30.  Registrar  publish  application. — The  registrar  of  the 
state  board  of  land  commissioners  shall  cause  the  application  of 
said  person  to  cut  trees  to  be  published,  for  the  full  period  of 
thirty  days,  in  one  or  more  daily  or  weekly  newspapers  having 
such  circulation,  as  will  fully  advise  the  water  users  of  the  irriga- 
tion area  upon  the  waier-shed  on  which  such  trees  are  growing  of 
the  pendency  of  such  application,  and  that  protests  to  the  granting 
of  the  application  must  be  made  within  twenty  days  from  the 
date  of  the  last  publication,  which  date  shall  be  given  in  such 
published  notice.  (L.  1901,  p.  180,  sec.  4;  sec.  2029,  R.  S.  1908, 
p.  744.) 

[For  exchange  of  state  lands  in  forest  reserve  see  section  171.] 

Sec.  31.  Water  user  may  protest. — Any  water  user  of  any 
irrigation  district  thus  affected  may  protest  to  the  state  board  of 
land  commissioners  against  allowing  said  trees  to  be  cut.  (L. 
1901,  p.  180,  sec.  5;  sec.  2030,  R.  S.  1908,  p.  744.) 

Sec.  32.  Appraiser  inspect  land  and  trees — Report. — Upon 
the  expiration  of  the  time  for  making  protests  as  provided  in 
section  4  of  this  act,  the  registrar  of  the  state  board  of  land  com- 
missioners shall  refer  all  papers  and  proceedings  to  the  appraiser 
of  state  lands,  who  shall  thereupon  personally  inspect  the  desig- 
nated lands  and  the  trees  growing  thereon  and  carefully  consider 
the  protests,  if  any,  from  the  water  users,  and  thereupon  shall 
report  in  writing  to  the  registrar  of  the  state  board  of  land  com- 
missioners advising  that  such  trees  may  be  properly  disposed  of, 
or  against  allowing  the  same  to  be  done;  but  no  trees  less  than 
ten  inches  in  diameter  two  feet  above  the  ground  shall  be  allowed 
to  be  cut  by  any  person  whomsoever.  (L.  1901,  p.  187,  sec.  0;  sec. 
2031,  R.  S.  1908,  p.  744.) 

[Section  4  referred  to  is  section  30.]  ' 

Sec.  33.  Notification  to  protesters — Injunction — Publication 
of  sale — Costs. — Should  the  report  of  the  appraiser  of  state  lands 
advise  that  the  trees  desired  may  be  properly  disposed  of,  the 
registrar  of  the  state  board  of  land  commissioners  shall  at  once 
notify  by  registered  letter  each  and  every  protesting  water  user, 
if  any,  and  such  protesting  water  user  or  users  shall  thereafter  be 


COLORADO  STATE  LAND  LAWS  15 

allowed  fifteen  days  in  which  to  commence  injunction  proceedings 
in  any  court  of  competent  jurisdiction  restraining  the  state  board 
of  land  commissioners  from  disposing  of  said  trees,  and  the  said 
state  board  of  land  commissioners  shall  make  no  defense  to  the 
proceedings  in  injunction  by  said  water  users  except  at  the  full 
cost  of  the  applicant  desiring  to  cut  said  trees  from  the  state 
lands.  Should  there  be  no  protests,  or  should  injunction  proceed- 
ings fail,  the  said  trees  desired  by  said  applicant  shall  be  adver- 
tised in  the  paper  having  the  greatest  circulation  within  the  state 
for  a  period  of  four  weeks,  one  insertion  during  each  week,  and 
thereafter  publicly  sold  at  the  state  capitol  in  the  city  of  Denver 
to  the  highest  bidder,  and  if  such  highest  bidder  be  some  person 
other  than  the  applicant,  the  legitimate  costs  of  said  applicant  in 
prosecuting  his  application,  which  costs  shall  only  be  the  expenses 
incurred  by  state  officials  as  herein  provided,  shall  be  returned  to 
the  applicant;  Provided,  No  bids  shall  be  received  which  do  not 
include  the  costs  incurred  by  said  applicant  in  determining  the 
right  to  cut  the  desired  trees.  Should  the  appraiser  of  state  lands 
report  adversely  to  the  cutting  of  the  trees  desired  by  applicant, 
or  injunction  proceedings  bar  a  sale,  said  applicant  shall  not 
recover  any  of  the  costs  incurred  by  reason  of  this  act.  (L.  1001, 
p.  187,  sec.'  7;  sec.  2632,  R.  S.  1908,  p.  744.) 

Sec.  34.  Bond  of  person  cutting  trees. — The  state  board  of 
land  commissioners  shall  require  of  all  persons  cutting  trees  upon 
state  lands  a  bond  in  a  sufficient  amount,  with  good  and  approved 
security,  for  the  carrying  out  in  good  faith  of  the  provisions  of 
this  act.  (L.  1901,  p.  188,  sec.  8;  sec.  2633,  R.  S,  1908,  p.  744.) 

Sec.  35.  Tree  defined. — For  the  purposes  of  this  act  the  word 
tree  shall  be  held  to  mean  all  vegetable  growth  of  a  woody  texture 
of  any  size  whatsoever.  No  lands  contemplated  in  this  act  shall 
be  leased  for  any  purpose  whatsoever  that  will  destroy  the  tree 
growth.  (L.  1901,  p.  188,  sec.  9;  sec.  2634,  R.  S.  1908,  p.  744.) 

Sec.  36.  No  unguarded  fire  allowed. — No  open  fires  not 
sufficiently  guarded  to  prevent  spreading  shall  be  allowed  in  any 
forest  area  in  this  state,  and  all  live  coals  emptied  from  any  stove 
or  remaining  from  any  open  fire  shall  be  at  once  and  completely 
extinguished  with  water  before  leaving.  (L.  1901,  p.  188,  sec.  10; 
sec.  2635,  R,  S.  1908,  p.  744.) 

Sec.  37.  Camping  permit — Fee. — No  person,  party  or  parties, 
shall  be  allowed  to  ^amp,  either  for  business  or  pleasure,  in  any 
forest  district  of  this  state  outside  of  the  county  in  which  they 
legally  reside,  without  first  taking  out  a  permit  so  to  do.  Such 
permit  shall  bear  such  part  of  this  act  as  relates  to  fires  and  their 
care,  and  shall  be  issued  by  the  clerk  of  any  countv  court  within 


16  COLORADO  STATE  LAND  LAWS 

the  state  upon  the  payment  of  the  sum  of  fifty  cents  as  a  fee. 
Permits  must  at  all  times  be  produced  and  shown  to  any  game  or 
forest  warden,  land  appraiser,  constable,  sheriff,  or  other  official 
empowered  by  law  to  demand  the  same,  and  such  permit  may  be 
taken  up  by  such  warden,  land  appraiser  or  other  official  when- 
ever the  holder  thereof  shall  wilfully  violate  the  provisions  of  this 
act.  (L.  1001,  p.  188,  sec.  11;  sec.  2036,  R.  S.  1908,  p.  744.) 

Sec.  38.  Non-residents  obtain  services  of  warden. — Non-resi- 
dents of  this  state  shall  not  camp  within  the  forest  districts  for 
pleasure  until  they  shall  have  obtained  the  services,  at  the'ir  own 
cost,  of  a  game  or  forest  warden  as  conservator  of  the  state's  in- 
terests, and  such  warden  will  be  held  strictly  responsible  for  the 
care  and  prevention  of  fires  from  extending  to  the  forest  areas. 
(L.  1901,  p.  188,  sec.  12;  sec.  2637,  R.  S.  1908,  p.  745.) 

Sec.  39.  Arrest  of  violators. — Game  and  forest  wardens,  the 
land  appraisers,  and  all  peace  officers  of  the  state,  are  hereby 
charged  with  the  enforcement  of  this  act  so  far  as  it  relates  to 
fires  in  forest  areas,  and  shall  have  full  power  to  arrest,  with  or 
without  warrant,  all  violators  and  deliver  them  to  the  nearest 
constable  or  sheriff,  to  be  dealt  with  according  to  law.  (L.  1901, 
p.  189,  sec.  13;  sec.  2638,  R.  S.  1908,  p.  745.) 

Sec.  40.  Fires  caused  by  railroads — Damages. — The  right  of 
way  of  any  railroad  within  the  forest  areas  of  this  state  shall  be 
kept  free  from  inflammable  material,  and  every  locomotive  used 
in  such  forest  area  shall  be  so  equipped  and  operated  as  to  pre- 
vent the  setting  on  fire  of  any  tree  growth  along  or  adjacent  to 
such  right  of  way.  Any  destruction  caused  by  a  violation  of  this 
section  of  this  act  shall  be  appraised  by  the  appraiser  of  the  state 
board  of  land  commissioners,  and  if  the  appraised  value  of  such 
destruction  is  not  paid  by  the  offending  railroad  company  within 
ninety  days  of  such  appraisement,  then  and  in  that  case  the  state 
board  of  land  commissioners  shall  bring  suit  in  the  name  of  the 
state  to  recover  all  damages,  losses  and  costs  caused  by  or  arising 
out  of  the  wrongful  acts  or  negligence  of  the  offending  railroad 
company.  The  measure  of  damages  shall  consist  of  not  only  the 
actual  commercial  value  of  the  trees  destroyed,  but  also  their 
value  as  conservators  of  the  snows,  ice  or  irrigation  waters  con- 
templated in  this  act  and  promoters  of  adjacent  tree  growth. 
Each  day's  neglect  to  properly  equip  and  operate  as  herein  di- 
rected any  locomotive  shall  be  deemed  a  separate  offense,  punish- 
able in  like  manner  and  with  like  penalties.  The  provisions  of  this 
section  of  this  act  shall  take  effect  and  become  operative  on  and 
after  the  first  day  of  July,  A.  D.  1901,  (L.  1901,  p.  189,  sec.  14; 
sec.  2639,  R.  S.  1908,  p.  745.) 

[See  also  sections  5509-5512,  R.  S.  1908.] 


COLORADO    STATE    LAND   LAWS  17 

Sec.  41.  Deputy  appraisers — Duties — Compensation. — For  the 
purpose  of  more  fully  carrying  out  the  provisions  of  this  act  the 
state  board  of  land  commissioners  are  hereby  empowered  to  em- 
ploy such  number  of  persons,  not  exceeding  six,  as  in  their  judg- 
ment are  necessary.  Such  persons  shall  be  known  as  deputy 
appraisers.  They  shall  receive  for  their  services  the  sum  of  five  (5) 
dollars  per  diem,  and  shall  have  authority  to  arrest  all  violators 
of  this  act,  with  or  without  warrant,  and  deliver  them  to  the  most 
accessible  justice  of  the  peace  or  other  officer  authorized  by  law 
to  act  in  such  cases.  (L.  1901,  p.  189,  sec.  15;  sec.  2640,  R.  S. 
1908,  p.  745.) 

Sec.  42.  Penalty  for  violation  of  act — Damage  suit. — Any 
person  violating  any  of  the  provisions  of  this  act  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be  fined 
in  the  sum  of  not  less  than  twenty-five  nor  more  than  one  hundred 
dollars  or  by  imprisonment  of  not  less  than  fifteen  days  nor  more 
than  sixty  days  or  by  both  fine  and  imprisonment  as  the  court  may 
direct.  Suit  may  also  be  brought  in  the  name  of  the  state  for  dam- 
ages arising  from  fires  destroying  the  timber  or  the  trees  of  the 
state  whenever  such  damage  has  been  caused  by  any  violation  of 
the  provisions  of  this  act  by  any  person  or  persons  engaged  in  any 
business  or  pleasure  pursuit  whatever.  (L.  1901,  p.  190,  sec.  16; 
sec.  2641,  R.  S.  1908,  p.  745.) 

[This  act  comprises  sections  27  to  43.] 

Sec.  43.  District  attorneys  prosecute. — The  district  attorneys 
of  the  various  judicial  districts  of  the  state  are  hereby  directed  to 
prosecute  in  the  name  of  the  state  all  cases  arising  under  this  act. 
(L.  1901,  p.  190,  sec.  17;  sec.  2642,  R.  S.  1908,  p.  745.) 

Sec.  44.  Guard  lines  to  protect  forests  from  fires. — Any 
person  who  shall  start  or  cause  or  suffer  to  be  started  any  fire  on 
his  own  premises  or  elsewhere,  in  or  near  any  woodland,  forest  or 
prairie,  without  having  first  prepared  a  good  and  sufficient  guard 
line,  by  ploughing  or  otherwise  around  the  place  where  the  fire  is 
to  be  started,  sufficient  to  prevent  the  spreading  of  fire  beyond  the 
guard  line,  shall  be  deemed  guilty  of  a  misdemeanor.  All  camp 
fires  must  be  totally  extinguished  before  breaking  camp.  (L.  1897, 
p.  39,  sec.  11;  sec.  2652,  R.  S.  1908,  p.  747.) 

[Penalty  for  failure  to  extinguish  camp  fire.     Section  1879,  R.  S. 1908.1 
[See  also  sections  1876  and  2737,  R.  S.  1908.] 

[For  recovery  of  damages  from  fire  see  section  2070,  R.  S.  1908  ] 
[Guard  lines  maintained  by  railroad.     Section  5509,  R.  S.  1908.] 

Sec.  45.  Misdemeanor  to  maliciously  set  fire. — Any  person 
who  shall  wilfully  or  maliciously  set  on  fire,  or  cause  or  suffer  to 
be  set  on  fire,  any  woods,  prairie  or  ground  of  any  description, 
other  than  his  own,  or  who  shall  intentionally  or  by  neglect  per- 
mit any  destructive  fire  to  pass  from  his  own  ground,  shall  be 


18  COLORADO    STATE    LAND    LAWS 

deemed  guilty  of  a  misdemeanor.      (L.  1«S97,  p.  40,  sec.  12;  sec. 
2653,  R.  S.  1'IOS,  p.  747.) 

Sec.  46.  Misdemeanor  to  remove  coniferous  growth. — Any 
person  who  shall  cut  or  remove  any  coniferous  growth  from  the 
public  lands,  or  state  lands,  with  the  intent  to  ship  or  sell  the  same 
outside  the  state,  shall  be  deemed  guilty  of  a  misdemeanor,  but 
this  provision  shall  not  apply  to  the  transplanting  of  trees  for 
ornamental  purposes.  (L.  1807,  p.  40,  sec.  13;  sec.  2654,  R.  S. 
1908,  p.  747.) 

[The  remaining  sections  of  the  act  of  1897  refer  to  game  and  fish  and  are 
superseded  by  the  laws  of  '99,  pp.  184-222,  sections  2725  to  2893,  R.  S.  1908.] 

[Quaere.  Are  sections  2643  to  2654,  R.  S.  1908,  repealed  by  the  forestry  act, 
L.  '01,  pp.  185-190,  sections  2626  to  2642,  R.  S.  190S,  and  Game  and  Pish  chapter, 
sections  2725  to  2753  of  R.  S.  1908?] 

Sec.  47.  State  board  of  agriculture  given  authority  as  state 
board  of  forestry — Appoint  state  forester. — That  the  state  board 
of  agriculture  shall  have,  and  hereby  is  vested  with  authority,  in 
addition  to  and  in  connection  with  its  duties  heretofore  provided, 
as  a  state  board  of  forestry,  and  the  said  the  state  board  of  agri- 
culture is  hereby  given  authority  to  appoint  an  officer  to  be  known 
as  the  state  forester.  The  incumbent  in  said  office  to  be  the  pro- 
fessor or  instructor  of  forestry  at  the  State  Agricultural  College, 
said  state  forester  to  hold  office  at  the  will  of  the  state  board  of 
agriculture  and  except  as  hereinafter  provided,  to  be  under  the 
control  of  the  state  board  of  agriculture.  The  state  board  of 
agriculture  is  further  hereby  authorized  to  furnish  the  necessary 
office,  furniture,  office  supplies,  stamps  and  postage,  and  office 
and  field  equipment,  and  such  necessary  assistance  as  may  be 
required  for  the  proper  conduct  of  the  office  of  state  forester. 
(S.  L.  1911,  p.  419.) 

Sec.  48.  Salary. — The  state  forester  shall  receive  a  reason- 
able salary,  to  be  fixed  by  the  state  board  of  agriculture,  not  to 
exceed  f 2,500. 00  per  year,  which  sum  shall  include  his  salary  as 
professor  or  instructor  of  forestry  at  the  State  Agricultural  Col- 
lege, and  shall  be  paid  out  of  the  monev  hereby  appropriated. 
(S.  L.  1911,  p.  420.) 

Sec.  49.  Duties — Forest  fires. — It  shall  be  the  duty  of  the 
state  forester  to  direct  the  management  of  state  forest  reserves,  if 
any;  to  collect  and  publish  all  data  relative  to  the  forests  and 
other  timber  growing  in  the  state,  to  co-operate,  so  far  as  is  prac- 
tical, with  the  Department  of  Forestry  of  the  United  States  gov- 
ernment; to  promulgate  and  publish  rules  for  the  prevention  of 
forest  fires  and  to  cause  the  same  to  be  posted  in  the  forests  upon 
state  lands ;  to  study  the  best  conditions  for  preserving  and  grow- 
ing of  trees  and  forests.  (S.  L.  1911,  p.  420.) 


COLORADO    STATE    LAND    LAWS  19 

Sec.  50.  Co-operate  with  state  board  of  land  commissioners.— 
The  state  forester  shall  co-operate  with  the  state  board  of  land 
commissioners  in  the  matter  of  granting  of  permits  for  cutting 
timber  upon  state  lands,  giving  them  data  concerning  the  proper 
timber  to  be  cut  and  the  proper  method  of  cutting  and  removing 
the  timber  and  the  removal  of  the  strappings  and  advising  the 
state  board  of  land  commissioners  concerning  any  matters  of 
importance  relative  to  the  removal  of  the  timber  and  the  replant- 
ing and  reforestation  of  state  lands,  but  nothing  herein  contained 
shall  be  construed  as  amending  the  law  at  present  existing  giving 
the  state  board  of  land  commissioners  authority  in  said  matter. 
(S.  L.  1911,  p.  420.) 

Sec.  51.  Advise  and  assist  in  extinguishing  forest  fires. — The 
state  forester  shall  advise,  aid  and  assist  in  preventing  and  extin- 
guishing forest  fires  on  state  lands  and  private  lands  and  in  the 
national  forests  in  the  state,  but  nothing  herein  contained  shall  be 
construed  as  amending  the  law  making  it  the  duty  of  the  sheriffs 
of  the  various  counties  of  the  state  to  prevent  and  extinguish  forest 
fires.  (S.  L.  1911,  p.  420.) 

Sec.  52.  May  advise  and  assist  in  planting  trees. — The  state 
forester  may  advise  or  assist  any  individual,  individuals,  associa- 
tion or  corporations,  towns  or  cities,  and  examine  any  tract  of 
land  that  it  may  be  desired  to  devote  to  the  growing  of  trees  or 
forests,  to  advise  as  to  the  planting  thereof  and  the  protection, 
preservation  or  reforestation  of  any  private  lands  under  an  agree- 
ment with  the  owners  of  such  land,  whereby  the  owner  or  owners 
of  such  land  shall  pay  to  the  state  board  of  agriculture  a  sum 
equal  to  the  total  expense  of  the  state  forester  or  such  assistants 
as  may  be  appointed  for  said  purpose.  (S.  L.  1911,  p.  420.) 

Sec.  53.  Sheriffs  report  fires  to  state  forester.— It  shall  be  the 
duty  of  the  sheriffs  of  the  various  counties  of  the  state  to  report 
as  soon  as  practical  the  occurrence  of  any  fire  in  any  forest  or 
forests  in  the  state,  either  on  private  or  public  lands,  and  upon 
receiving  notice  from  any  source  of  a  fire  or  fires  in  any  fore%t,  it 
shall  be  the  duty  of  the  state  forester  to  aid  and  assist  in  extin- 
guishing the  same.  (S.  L.  1911,  p.  421.) 

Sec.  54.  Examine  cause  of  fires. — It  shall  be  the  duty  of  the 
state  forester  to  examine  and  inquire  into  the  cause  of  fires  occur- 
ring in  the  forests  of  the  state,  either  on  private  or  public  lands,  to 
prosecute  violation  of  all  laws  pertaining  to  fires  or  the  cutting 
or  destruction  of  timber  in  the  state,  and  report  to  the  proper 
authority,  any  violation  or  dereliction  on  the  part  of  any  officer 
or  officers  of  the  state  with  relation  to  fires  and  in  relation  to  the 
timber  or  forests  in  the  state.  (S.  L.  1911,  p.  421.) 


20  COLORADO    STATE    LAND   LAWS 

Sec.  55.  Game  and  fish  commissioner  post  notices. — It  shall 
be  the  duty  of  the  commissioner  of  game  and  fish  to  have  posted, 
in  manner  as  required  by  the  state  forester,  all  notices  prepared 
by  the  state  forester  concerning  the  prevention  and  extinguishing 
of  forest  fires.  (S.  L.  1911,  p.  421.) 

Sec.  56.  Penalty  for  defacing  notices. — Any  person  who 
removes,  injures  or  defaces  any  sign  or  signs  placed  or  maintained 
in  pursuance  of  section  9  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction,  shall  be  fined  not  to  exceed  |25.00  and  costs 
of  prosecution,  or  imprisonment,  not  to  exceed  thirty  days  in  the 
county  jail,  or  both,  at  the  discretion  of  court.  (S.  L.  1911,  p. 
421.)  ; 

Sec.  57.  Make  report  to  governor. — Said  state  forester  shall, 
biennially,  make  to  the  governor,  a  report  of  the  transactions  of 
his  office,  and  shall  make  such  recommendations  as  he  shall  deem 
necessary  with  a  view  toward  prescribing  laws  necessary  to  make 
his  office  an  effective  factor  for  the  purposes  for  which  it  is 
created.  (S.  L.  1911,  p.  421.) 

Sec.  58.  Appropriation. — There  is  hereby  appropriated,  for 
the  biennial  period  of  1911  and  1912,  out  of  any  funds  in  the  state 
treasury  not  otherwise  appropriated,  the  sum  of  ten  thousand 
(|10,000.00)  dollars  for  the  purpose  of  carrying  into  effect  the 
provisions  of  this  act,  and  there  is  hereby  appropriated,  for  each 
successive  biennial  period,  the  said  sum  of  ten  thousand 
(|10,000.00)  dollars  for  such  purposes,  and  the  auditor  of  state  is 
hereby  authorized  to  draw  his  warrants  upon  said  funds,  upon 
the  order  of  the  state  board  of  agriculture,  signed  by  its  president 
and  countersigned  by  its  secretary.  (S.  L.  1911,  p.  421.) 


STATE  CANALS  AND  RESERVOIRS  AND  THE  CONTROL 
%  THEREOF. 

Sec.  59.  Board  of  control  canal  No.  1 — Duties. — There  is 
hereby  created  a  board  to  be  known  as  "The  board  of  control  of 
state  canal  No.  1  and  reservoirs  connected  therewith."  The  said 
board  shall  be  composed  of  the  lieutenant  governor,  who  shall  be 
chairman,  the  state  engineer  and  the  warden  of  the  penitentiary. 
The  secretary  of  the  state  board  of  land  commissioners  shall  be 
secretary  of  said  board  of  control.  Said  board  is  hereby  charged 
with  the  duty  of  securing  the  early  completion  of  state  canal  No. 
1,  and  reservoirs  connected  therewith  and  of  the  operation  and 


COLORADO    STATE    LAND    LAWS  21 

maintenance  of  the  same  as  herein  provided.     (L.  1893,  p.  441, 
sec.  1;  sec.  3505,  R.  S.  1908,  p.  927.) 

The  act  of  1893  held  partly  constitutional  and  partly  unconstitutional. 
In  re  Canal  Certificates.  19  Colo.,  65;  34  Pac.,  275. 

[Sections  2-7  of  the  above  act  have  performed  their  function  and  are  there- 
fore not  printed.] 

Sec.  60.  Board  of  land  commissioners  assume  control. — Upon 
completion  of  said  canal  and  its  acceptance  and  approval,  as 
hereinbefore  provided,  the  said  board  of  control  of  state  canal 
No.  1  and  reservoirs  connected  therewith,  shall  turn  over  the  said 
canal,  together  with  all  drawings,  specifications,  reports  and  rec- 
ords pertaining  to  said  canal  and  the  action  of  said  board  of 
control,  to  the  state  board  of  land  commissioners ;  whereupon  the 
state  board  of  land  commissioners  shall  assume  control  of  said 
canal  and  shall  thereinafter  control,  operate  and  maintain  the 
same  subject  to  such  provisions  of  law  as  may  hereafter  be  made 
and  established.  (L.  1893,  p.  445,  sec.  8;  sec.  3506,  K.  S.  1908,  p. 
927.) 

[See  also  section  68.] 

Sec.  61.  Use  of  water—Lease  of  lands.— It  shall  be  the  duty 
of  the  state  board  of  land  commissioners  to  cause  the  waters 
carried  in  the  state  canal  No.  1  and  reservoirs  connected  there- 
with to  be  applied  to  the  irrigation  of  the  state  lands  and  all 
other  lands  lying  under  said  canal  at  the  earliest  convenient  and 
practicable  times,  and  as  a  means'  among  others  to  effect  such 
use  of  water,  the  board  of  land  commissioners  are  authorized  to 
offer  numerous  portions  of  said  lands  for  lease  at  such  reasonable 
prices,  and  for  such  periods,  not  exceeding  twenty  years,  as  will 
be  conducive  to  the  rapid  settlement  of  such  lands  and  the  early 
use  of  such  waters.  (L.  1893,  p.  445,  sec.  9;  sec.  3507,  K.  S,  1908, 
p.  927.) 

Sec.  62.  Rights  and  powers  of  board  of  control.— The  said 
board  of  control  of  state  canal  No.  1  and  reservoirs  connected 
therewith  is  here  given  all  the  rights  and  powers  that  an  indi- 
vidual or  corporation  now  has,  or  may  hereafter  have,  under  the 
laws  of  the  state,  or  of  the  United  States,  to  acquire  the  right  of 
way  over,  upon  and  to  any  lands  necessary  for  it  to  use  or  occupy 
in  the  construction  and  maintenance  of  such  canal.  (L.  1893,  p. 
445,  sec.  10;  sec.  3508,  E.  S.  1908,  p.  927.) 

Sec.  63.  Establish  annual  charges  for  carriage  of  water. — It 
shall  be  the  duty  of  the  state  board  of  land  commissioners  to 
establish  from  time  to  time  reasonable  annual  charges  for  the 
carriage  of  waters  or  sell  perpetual  rights  of  water  if  deemed  by 
it  more  expedient.  (L.  1893,  p.  446,  sec.  11 ;  sec.  3509,  R.  S.  1908, 
p.  927.) 

[Is  the  above  section  superseded  by  section  69?] 


22  COLORADO  STATE  LAND  LAWS 

Sec.  64.  Title  to  canal  in  state. — The  title  to  the  said  canal 
shall  vest  and  remain  with  the  state  of  Colorado,  and  any  money 
received  for  the  carriage  of  water  therein  shall  be  devoted  to  the 
maintenance  and  operation  of  such  canal,  and  surplus  over  and 
above  the  cost  of  operation,  and  maintaining  such  canal,  shall  be 
converted  into  the  state  treasury  and  applied  by  the  state  treas- 
urer to  meeting  the  certificates  of  indebtedness  herein  provided 
for  and  interest  thereon.  (L.  1893,  p.  446,  sec.  12;  sec.  3510,  R.  S. 
1908,  p.  928.) 

Sec.  65.  Board  construct  laterals. — It  shall  be  the  duty  of 
the  said  board  of  land  commissioners  to  construct  from  time  to 
time  and  as  rapidly  as  may  seem  to  such  board  advisable,  lateral 
ditches  and  the  necessary  appurtenances  thereto,  for  supplying 
the  lands  of  the  state  lying  under  said  canal  with  water  for  irriga 
tion,  and  to  see  that  all  of  such  lands  belonging  to  the  state  are 
brought  under  cultivation  within  a  reasonable  time.  (L.  1893,  p. 
446,  sec.  13;  sec.  3511,  R.  S.  1908,  p.  928.) 

Sec.  66.  Certificates  received  in  lieu  of  money  for  charges. — 
Any  receipts  or  certificates  heretofore  issued  in  return  for  sub- 
scriptions and  advancement  of  money  by  persons  owning  land 
along  the  line  of  state  canal  No.  1,  and  reservoirs  connected  there- 
with shall  be  received  in  lieu  of  money  for  the  lawful  and  reason- 
able charges  for  the  carriage  of  water  in  the  said  canal,  and  all 
of  the  certificates  hereafter  issued  as  in  said  canal  or  for  perpetual 
water  rights  thereunder.  (L.  1893,  p.  446,  sec.  14;  sec.  3512,  R,  S. 
1908,  p.  928.) 

Insofar  as  this  act  provided  for  the  payment  of  lands  purchased  from 
the  State  by  certificates  of  indebtedness  issued  for  the  construction  of  the 
canal,  it  was  unconstitutional.  In  re  canal  certificates.  19  Colo.,  64,  70; 
34  Pac.,  274. 

Sec.  67.  State  board  of  control  have  traveling  expenses.— 
The  members  of  the  state  board  of  control  of  state  canal  No.  1, 
and  reservoirs  connected  therewith  shall  be  entitled  to  their 
reasonable  traveling  expenses  while  performing  the  duties  herein 
laid  upon  them  for  which  amounts  the  auditor  shall  draw  war- 
rants upon  the  state  treasurer,  when  such  amounts  shall  be  duly 
certified  to  him  by  the  secretary  of  the  said  board  of  control. 
(L.  1893,  p.  446,  secv  15;  sec.  3513,  R.  S.  1908,  p.  928.) 

Sec.  68.  Land  board  control  ditches  and  reservoirs.— Until 
otherwise  authorized  by  law,  the  board  of  land  commissioners  is 
hereby  directed  to  regulate  the  distribution  of  water  from  state 
canals  and  reservoirs  under  such  rules  and  regulations  as  said 
board  shall  deem  to  be  for  the  best  interests  of  the  state.  "And 


COLORADO    STATE    LAND    LAWS  23 

to  charge  and  collect  rental  for  the  carriage  of  water  therein." 
(L.  1893,  p.  404,  sec.  1;  sec.  3561,  R.  S.  1908,  p.  934.) 

[Is  this  section  superseded  by  section  69?] 
[See  sections  60  and  63.] 

Sec.  69.  County  control  of  reservoirs. — The  board  of  county 
commissioners  of  any  county  wherein  is  situated  any  state  reser- 
voir, shall  have  charge  and  control  of  such  reservoir  and  shall, 
without  expense  to  the  state  of  Colorado,  maintain  and  keep  said 
reservoir  in  good  condition  and  provide  for  the  storage  of  water 
as  contemplated  in  the  act  providing  for  the  construction  of  said 
reservoir,  and  also  for  the  distribution  of  said  water  under  the 
direction  of  the  water  commissioner  for  the  district  in  which 
said  reservoir  is  situated,  at  such  times  as  the  scarcity  of  water 
in  the  stream  which  such  reservoir  is  intended  to  reinforce  de- 
mands that  the  water  in  said  stream  should  be  replenished  for  the 
purpose  of  irrigating  the  lands  under  ditches  now  or  hereafter 
to  be  constructed;  Provided,  That  said  waters  shall  be  distributed 
by  said  water  commissioner  pro  rata  without  reference  to  priority 
of  water  rights  and  without  expense  to  consumers  thereof;  And, 
provided,  also,  That  the  counties  in  which  said  reservoirs  are  sit- 
uated assume  and  shall  be  held  responsible  for  any  damages  re- 
sulting from  breakage  of  the  dams  or  water  discharges  therefrom ; 
And,  provided,  further,  That  the  provisions  of  this  act  shall  not 
apply  to  any  state  reservoir  constructed  primarily  for  the  purpose 
of  irrigating  state  lands,  but  any  such  reservoir  shall  remain  in 
the  control  of  the  state  board  of  land  commissioners.  (L.  1899, 
p.  350,  sec.  1;  sec.  3562,  R,  S.  1908,  p.  934.) 


DESERT  LANDS 

Sec.  70.  Acceptance  of  congressional  grant. — That  the  state 
of  Colorado  hereby  accepts  the  conditions  of  section  4  of  an  act 
of  Congress,  entitled  "An  act  making  appropriations  for  sundry 
civil  expenses  of  the  government  for  the  fiscal  year  ending  June 
30,  1894,"  together  with  all  acts  amendatory  thereto,  including 
the  amendatory  acts  of  Congress  of  June  11,  1896,  March  3,  1901, 
March  1,  1907,  February  24,  1909,  and  March  15,  1910,  together 
with  all  grants  of  land  made  or  to  be  made  under  the  provisions 
of  the  aforesaid  acts.  (Ch.  119,  S.  L.  1911,  p.  303.) 

[Section  4  above  referred  to  is  found  in  28  Stat.  L.,  p.  422,  section  4.] 

Sec.  71.  State  board  of  land  commissioners  to  have  selection, 
management  and  disposal  of  such  lands. — That  the  .selection,  man- 
agement and  disposal  of  said  land  and  all  such  lands  as  may  here- 
after be  granted  to  the  state  of  Colorado  by  the  United  States 


24  COLORADO    STATE    LAND    LAWS 

shall  be  vested  in  the  state  board  of  land  commissioners  of  the 
state  of  Colorado,  as  now  or  hereafter  constituted,  and  that  said 
board  is  hereby  empowered  to  accept  all  moneys  upon  the  part 
of  the  state  of  Colorado  from  the  purchasers  of  said  land,  and  to 
place  the  same  in  a  fund  to  be  designated  as  the  "Carey  Act 
Fund,"  and  to  disburse  the  same  as  in  this  chapter  provided; 
and  is  empowered  to  accept  from  the  settlers,  filing  on  said  lands 
under  the  provisions  of  said  acts  within  the  former  Southern 
Ute  and  Ute  Indian  reservations,  as  defined  in  the  said  amenda 
tory  acts  of  Congress  of  March  1,  1907,  and  February  24,  1909, 
the  sum  of  one  dollar  and  twenty-five  cents  ($1.25)  per  acre  for 
each  .acre  thereof  to  be  patented,  and  to  pay  the  same  into  the 
treasury  of  the  United  States.  And  the  said  board  is  hereby 
authorized  to  accept  any  and  all  future  grants  of  such  lands  by 
the  United  States  to  this  state,  and  to  agree  to  and  accept  on 
behalf  of  the  state  any  and  all  conditions  that  may  be  imposed 
by  the  United  States  in  relation  thereto ;  provided,  however,  that 
said  board  shall  report  to  each  regular  session  of  the  legislature 
hereafter  its  acceptance  of  the  provisions  of  any  such  acts,  if  any, 
since  the  next  preceding  session.  (Ch.  119,  S.  L.  1911,  p.  303.) 

Sec.  72.  Selection,  management  and  disposal  of  lands. — The 
selection,  management  and  disposal  of  said  land  shall  be  vested 
in  the  state  board  of  land  commissioners. 

Sec.  73.  The  person,  company  of  persons,  associations  or  in- 
corporated companies,  making  application  to  the  board  for  the 
selection  of  lands  by  the  state,  shall  have  filed  with  the  state 
engineer  an  application  to  appropriate  water  for  the  reclamation 
of  the  lands  described  in  the  request  to  the  board.  This  applica- 
tion shall  be  of  a  form  prescribed  by  the  state  engineer,  and  shall 
be  accompanied  by  two  copies  of  the  map  of  the  land  to  be 
selected  and  which  shall  show  accurately  the  location  and  dimen- 
sions of  the  proposed  irrigation  works ;  the  maps  of  the  lands  and 
proposed  irrigation  shall  be  prepared  in  accordance  with  the 
regulations  of  the  state  engineers'  office  and  rules  of  the  Depart- 
ment of  the  Interior.  (Ch.  120,  S.  L.  1911,  p.  304.) 

Sec.  74.  Request  for  selection  of  lands — Proposal  to  construct 
ditches — Requirements. — Any  person,  company  of  persons,  asso- 
ciations or  incorporated  company  desiring  to  construct  ditches, 
canals  or  other  irrigation  works  to  reclaim  land  under  the  pro- 
visions of  this  act,  shall  file  with  the  board  a  request  for  the 
selection  on  behalf  of  the  state  by  the  board  of  the  land  to  be  re- 
claimed, designating  said  land  by  legal  subdivisions.  This  re- 
quest shall  be  accompanied  by  a  proposal  to  construct  the  ditch, 
canal  or  other  irrigation  works  necessary  for  the  complete  recla- 
mation of  the  land  asked  to  be  selected.  The  proposal  shall  be 


COLORADO    STATE    LAND    LAWS  25 

prepared  in  accordance  with  the  rules  of  the  board,  and  with  the 
regulations  of  the  department  of  the  interior.  It  shall  state  the 
postoffice  address  and  residence  of  the  parties,  the  source  of  water 
supply,  the  point  of  diversion,  the  place  of  storage,  if  stored,  the 
location  and  dimensions  of  the  proposed  works,  the  estimated 
cost  thereof  and  the  carrying  capacity  of  the  ditch  or  canal,  the 
price  and  terms  at  which  perpetual  water  rights  will  be  sold  to 
settlers  on  the  land  reclaimed,  said  perpetual  right  to  embrace  a 
proportionate  concurrent  interest  in  the  ditch,  canal  or  other 
irrigation  works,  together  with  all  rights  and  franchises  attached 
thereto,  and  all  water  rights  sold  or  otherwise  held  under  said 
ditch  or  canal  to  have  equal  rights  as  to  priority;  which  said 
proportionate  concurrent  interest  may  be  either  in  the  form  of 
shares  of  stock  in  a  company  which  will  ultimately  own  and  con- 
trol the  works,  or  in  the  form  of  water  right  deeds  or  contracts, 
as  may  be  determined  by  the  board;  and  all  contracts  for  the 
sale  of  water  rights  under  this  act  shall  be  in  the  form,  and  upon 
conditions,  approved  by  the  board.  In  the  cases  of  incorporated 
companies  it  shall  state  the  name  of  the  company,  the  purpose  of 
the  incorporation,  the  name  and  places  of  residence  of  its  di- 
rectors and  officers,  the  amount  of  its  authorized  and  of  its  paid 
up  capital,  and  shall  be  organized  under  the  laws  of  Colorado. 
If  the  applicant  is  not  an  incorporated  company,  the  proposal 
shall  set  forth  the  name  or  names  of  the  party  or  parties,  and 
such  other  facts  as  will  enable  the  board  to  determine  his  or  their 
financial  ability  to  carry  out  the  proposed  undertaking,  or  as 
may  be  required  by  the  board. 

Nothing  herein  shall  be  construed  to  prevent  the  entry  and 
reclamation  of  land  under  this  act  by  individuals  duly  qualified 
either  singly  or  acting  together,  and  the  state  board  of  land  com- 
missioners shall  make  such  rules  and  regulations  not  inconsistent 
with  said  act  of  congress,  or  the  rules  and  regulations  of  the 
department  of  the  interior,  as  may  be  necessary  to  allow  the 
acquirement  of  individual  water  rights  for  application  to,  and 
reclamation  of  specific  tracts  of  land,  not  exceeding  one  hundred 
and  sixty  acres  of  land  for  each  person,  and  the  requirements  of 
this  act  as  to  plats,  maps,  examinations,  reports,  bonds  and  con- 
tracts may,  by  such  rules  and  regulations  be  so  modified  as  to 
effectuate  and  assist  the  reclamation  and  entry  of  land  by  in- 
dividuals. (Ch.  120,  S.  L.  1911,  p.  304.) 

Sec.  75.  Record  of  proceedings  of  land  board. — The  register 
of  the  land  board  shall  act  as  secretary,  and  it  shall  be  his  duty 
to  keep  a  careful  record  of  the  transactions  of  the  board  in  sub- 
stantially bound  book  or  books,  to  be  kept  for  that  purpose,  and 
which  shall  be  known  as  the  record  and  proceedings  of  the  state 


26  COLORADO    STATE    LAND    LAWS 

board  of  land  commissioners  under  this  act.  (L.  189*5,  p.  157, 
sec.  3;  sec.  5140,  R,  S.  1908,  p.  1209.) 

Sec.  76.  Duties  and  powers  of  register. — The  register  of  the 
land  board  shall  have  the  custody  of  the  records  of  the  board; 
shall  receive  and  file  all  proposals  for  the  construction  of  irriga- 
tion works  to  reclaim  lands  selected  under  the  provisions  of  this 
act,  prepare  and  keep  for  public  inspection  maps  and  plats  on 
a  scale  of  two  inches  to  the  mile  of  all  lands  selected,  receive 
entries  of  settlers  on  these  lands  and  hear  or  receive  the  final 
proof  of  their  reclamation  under  the  rules  and  regulations  to  be 
prescribed  by  the  state  board  of  land  commissioners,  and  do  any 
and  all  work  required  by  the  board  in  carrying  out  the  provisions 
of  this  act.  He  shall  have  authority  to  administer  oaths  whenever- 
necessary  in  the  performance^of  his  duties  as  register  and  secre- 
tary of  the  board.  (L.  1895,  p.  -157,  sec.  4;  sec.  5141,  R,  S.  1908, 
p.  1209.) 

Sec.  77.  Certified  check  shall  accompany  proposal. — A  certi- 
fied check  payable  to  the  state  board  of  land  commissioners  for 
a  sum  of  not  less  than  two  hundred  and  fifty  (250)  dollars  and 
not  more  than  two  thousand  five  hundred  (2,500)  dollars,  as  may 
be  determined  by  the  rules  of  the  board,  shall  accompany  each 
such  request  and  proposal,  the  same  to  be  held  as  a  guarantee  of 
the  execution  of  the 'contract  with  the  state,  in  accordance  with 
its  terms,  by  the  party  submitting  such  proposal,  in  case  of  the 
approval  of  the  same  and  the  selection  of  the  land  by  the  board, 
and  to  be  forfeited  to  the  state  in  case  of  failure  of  said  parties 
to  enter  into  a  contract  with  the  state,  in  accordance  with  the 
provisions  of  this  act.  (L.  1895,  p.  158,  sec.  (>;  sec.  5143,  R.  S. 
1908,  p.  1210.) 

Sec.  78.  Examination  of  proposal  —  Report.  —  Immediately 
upon  the  receipt  of  any  request  and  proposal  as  designated  in  sec- 
tion five  (5),  it  shall  be  the  duty  of  the  secretary  of  the  board  to 
examine  the  same  and  ascertain  if  it  complies  with  the  rules  of 
the  board  and  the  regulations  of  the  department  of  the  interior. 
If  it  does  not,  it  is  to  be  returned  for  correction ;  but  if  it  does 
so  comply,  it  shall  be  submitted  to  the  state  engineer,  who  shall 
examine  the  same  and  make  a  written  report  to  the  board,  stating 
whether  or  not  the  proposed  works  are  feasible;  whether  the  pro- 
posed diversion  of  the  public  waters  of  the  state  will  prove  bene- 
ficial to  the  public  interest ;  whether  there  is  sufficient  unappro- 
priated water  in  the  source  of  supply,  and  whether  or  not  a  permit 
to  divert,  store  and  appropriate  water  through  or  by  the  proposed 
works  has  been  approved  by  him;  whether  the  capacity  of  the 
proposed  works  is  adequate  to  reclaim  the  land  described;  and 
whether  or  not  the  maps  filed  in  his  office  comply  with  the  re- 


COLORADO  STATE  LAND  LAWS  27 

quirements  of  said  office,  and  the  regulations  of  the  department 
of  the  interior;  also,  whether  or  not  the  lands  proposed  to  be  irri- 
gated are  desert  in  character  and  such  as  may  properly  be  set 
apart  under  the  provisions  of  the  aforesaid  act  of  congress,  and 
the  rules  and  regulations  of  the  department  of  the  interior  there- 
under. Whenever  the  state  engineer  shall  be  unable,  from  an  ex- 
amination of  the  maps  and  filed  notes  submitted  for  his  examina- 
tion, to  determine  whether  or  not  the  proposed  irrigation  works 
are  feasible  and  adequate,  or  whether  or  not  the  proposed  diver- 
sion of  the  public  water  is  beneficial  to  public  interest;  and 
whether  or  not  the  lands  proposed  to  be  irrigated  are  of  such  a 
character  as  to  come  under  the  provisions  of  the  aforesaid  act  of 
congress,  he  shall  so  report  to  the  board  and  also  report  the  esti- 
mated cost  of  a  survey  and  examination ;  and  it  shall  be  his  duty 
to  make,  or  cause  to  be  made,  by  some  qualified  assistant,  such 
survey  or  examination  as  will  enable  him  to  report  intelligently 
thereon  to  the  board,  when  directed  by  said  board  to  make  such 
examination  or  survey.  (L.  1895,  p.  160,  sec.  8;  sec.  5145,  R.  S. 
1908,  p.  1210.) 

Sec.  79.  Board  consider  proposal — Request  for  withdrawal 
of  land. — On  receipt  of  the  report  of  the  state  engineer,  the  reg- 
ister shall  place  the  request  and  proposal,  with  the  engineer's 
report  thereon,  before  the  board  for  its  consideration.  In  case 
of  approval  the  board  shall  instruct  the  register  to  file  irr  the 
local  land  office  a  request  for  the  withdrawal  of  the  land  de- 
scribed in  said  proposal.  No  request  on  which  the  state  engineer 
has  reported  adversely,  either  as  to  the  water  supply,  the  feasi- 
bility of  the  construction,  or  capacity  of  the  works,  or  as  to  the 
character  of  the  lands  sought  to  be  irrigated,  shall  be  approved 
by  the  board.  (L.  1895,  p.  161,  sec.  9;  sec.  5146,  R.  S.  1908. 
p^  1211.) 

Sec.  80.  Notice  of  rejection  of  proposal — Second  proposal. — 
In  case  the  state  engineer  shall  report  adversely  upon  the  pro- 
posed irrigation  works,  or  where  requests  and  proposals  are  not 
approved  by  the  board,  the  board  shall  notify  the  parties  making 
such  proposal  of  such  action  and  the  reasons  therefor.  The 
parties  so  notified  shall  have  sixty  (60)  days  in  which  to  submit 
another  proposal ;  but  the  board  may,  at  its  discretion,  extend 
the  time  to  six  (6)  months.  (L/1895,  p.  161,  sec.  10;  sec.  5147, 
R.  S.  1908,  p.  1211.) 

Sec.  81.  Contract  between  state  and  parties  submitting  pro- 
posal— Bond. — Upon  the  withdrawal  of  the  land  by  the  depart- 
ment of  the  interior,  it  shall  be  the  duty  of  the  board  to  enter 
into  a  contract  with  the  parties  submitting  the  proposal,  which 
contract  shall  contain  complete  specifications  of  the  location. 


28  COLORADO    STATE    LAND    LAWS 

dimensions,  character  and  estimated  cost  of  the  proposed  ditch, 
canal  or  other  irrigation  work,  and  state  the  price  and  terms 
upon  which  the  state  is  to  dispose  of  the  lands  to  settlers,  and 
such  other  conditions  and  provisions  as  the  board  may  direct. 
This  contract  shall  not  be  entered  into  on  the  part  of  the  state 
until  the  withdrawal  of  these  lands  by  the  department  of  the 
interior  and  the  filing  of  a  satisfactory  bond  on  the  part  of  the 
proposed  contractor  for  irrigation  works,  which  bond  shall  be  in 
a  penal  sum  equal  to  five  (5)  per  cent,  of  the  estimated  cost  of 
the  works,  and  to  be  conditioned  for  the  carrying  out  of  the 
provisions  of  the  contract  with  the  state.  (L.  1895,  p.  161,  sec. 
11;  sec.  5148,  K.  S.  1908,  p.  1211.) 

Sec.  82.  Proposal  not  considered  which  requires  more  than 
five  years  for  construction — One-tenth  must  be  completed  in  two 
years — Construction  must  be  prosecuted  diligently — Cessation  of 
work  for  six  months,  without  sanction  of  board,  work  a  forfeiture 
—Board  may  extend  time — Must  give  thirty  days'  notice  through 
newspapers. — No  proposal  shall  be  considered  by  the  board  which 
requires  a  greater  time  than  five  }rears  for  the  construction  of 
the  works,  and  all  proposals  shall  state  that  the  work  shall  begin 
within  six  months  from  the  date  of  contract,  that  at  least 
one-tenth  of  the  construction  work  shall  be  completed  within 
two  (2()  years  from;  the  date  of  said  contract;  that  the. construc- 
tion shall  be  prosecuted  diligently  and  continuously  to  comple- 
tion, and  that  a  cessation  of  work  under  the  contract  with  the 
state  for  a  period  of  six  (6)  months  after  the  second  year,  with- 
out the  sanction  of  the  board,  will  forfeit  to  the  state  all  rights 
under  said  contract;  Provided,  That  the  board  shall  for  good 
cause  shown  extend  the  time  of  beginning  or  of  completing  the 
whole  or  any  part  of  said  construction  work  for  a  period  com- 
mensurate with  the  difficulties  of  construction  and  the  location 
of  the  proposed  project.  Provided,  further,  That  no  extension  of 
time  shall  be  granted  until  after  thirty  days'  notice,  given  by 
publication  in  at  least  one  daily  paper,  published  at  the  capital, 
and  in  at  least  one  paper,  published  in  each  county  in  which  the 
project  and  the  land  sought  to  be  watered  thereby  is  located,  of 
the  time  and  place  where  such  extension  of  time  will  be  con- 
sidered and  opportunity  afforded  to  all  interested  parties  to 
appear  and  be  heard  therein.  (Ch.  118,  S.  L.  1911,  p.  301.) 

Sec.  83.  Failure  to  begin  or  complete  within  specified  time — 
Notice  in  writing  by  register — Advertise  sale  of  such  forfeited 
works— Time  for  receiving  bids— Expenses  of  state  board  paid 
out  of  receipts  from  sale  first — Surplus  paid  to  original  con- 
tractors.— Upon  the  failure  of  any  parties,  having  contracts  with 
the  state  for  the  construction  of  irrigation  works?  to  begin  the 


COLORADO  STATE  LAND  LAWS  29 

same  within  the  time  specified  by  law  or  to  carry  on  said  work 
as  in  their  contract  provided,  or  to  complete  the  same  within  the 
time  or  in  accordance  with  the  specifications  of  the  contract  with 
the  state  land  board  and  the  provisions  of  this  act,  it  shall  be 
the  duty  of  the  register  to  give  such  parties  written  notice  of 
such  failure;  Provided,  however,  That  in  the  event  the  board  has 
extended  the  time  of  the  beginning  or  of  completing  the  whole 
or  any  part  of  said  construction  work  beyond  the  time  set 
forth  in  the  said  contract  between  the  state  of  Colorado  and 
the  party  submitting  the  proposal,  then  the  conditions  and  penal- 
ties of  this  section  shall  not  apply  to  or  be  enforcible  against  the 
said  parties  constructing  the  project  until  the  time  of  said  exten- 
sion or  extensions  have  expired;  and  if,  after  a  period  of  sixty 
(60)  days  they  have  failed  to  proceed  with  the  work  or  to  con- 
form to  the  specifications  and  conditions  of  their  contract  with 
the  state,  it  shall  be  the  duty  of  the  state  land  board  to  declare 
the  bond  and  contract  of  such  parties  forfeited  to  the  state,  and 
notify  the  contractors  by  letter  to  the  address  given  Jn  the 
proposal,  and  to  give  notice  once  a  week,  for  a  period  of 
four  weeks,  in  some  newspaper  of  general  circulation  in  the 
county  in  which  the  work  is  situated,  and  in  one  newspaper  at 
the  state  capital,  and  in  like  manner  and  for  a  like  period,  of  the 
forfeiture  of  said  contract;  and  that  upon  a  day  fixed,  proposals 
will  be  received  at  the  office  of  the  register,  at  the  capitol  at 
Denver,  for  the  purchase  of  the  incompleted  works  and  for  the 
completion  of  said  contract.  The  time  for  receiving  said  bids  to 
be  at  least  sixty  (60)  days  after  the  issuing  of  first  notice  of 
forfeiture.  The  money  received  from  the  sale  of  partially  com- 
pleted-works  under  the  provisions  of  section  12  of  this  act,  shall 
first  be  applied  to  the  expense  incurred  by  the  state  in  their 
forfeiture  and  disposal,  to  satisfying  the  bond,  and  to  the  satis- 
faction, pro-rata  of  the  adjudicated  liens  for  labor  or  materials; 
and  the  surplus,  if  any  exists,  shall  be  paid  to  the  original  con- 
tractors with  the  state.  (Ch.  118,  S.  L.  1911,  p.  300.) 

[Section  12  referred  to  is  section  82.] 

Sec.  84.  State  not  to  be  made  liable. — Nothing  in  this  act 
shall  be  construed  as  authorizing  the  board  to  obligate  the  state 
to  pay  for  any  work  constructed  under  any  contract,  or  to  hold 
the  state  in  any  way  responsible  to  settlers  for  the  failure  of 
contractors  to  complete  the  work  according  to  the  terms  of  their 
contracts  with  the  state.  (L.  1895,  p.  163,  sec.  14;  sec.  5151, 
B.  S.  1908,  p.  1212.) 

Sec.  85.  Notice  that  land  is  open  for  settlement. — Immedi- 
ately upon  the  withdrawal  of  any  land  for  the  state  by  the 
department  of  the  interior,  and  the  inauguration  of  work  by  the 


30  COLORADO    STATE    LAND    LAWS 

contractors,  it  shall  be  the  duty  of  the  board,  by  publication  once 
each  week,  in  one  newspaper  of  the  county  in  which  said  lands 
are  situated;  and  in  one  newspaper  at  the  state  capital  for  a 
period  of  four  weeks;  to  give  notice  that  said  land  is  open  for 
settlement,  and  the  price  and  terms  upon  which  said  land  will 
be  sold  to  settlers  by  the  state.  (L.  1895,  p.  163,  sec.  15 ;  sec.  5152, 
R.  S.  1908,  p.  1212.) 

Sec.  86.  Application  to  enter — Requirements — Payment  of 
purchase  price. — Any  citizen  of  the  United  States,  or  any  person 
having  declared  his  intention  to  become  a  citizen  of  the  United 
States,  over  the  age  of  twenty-one  years,  may  make  application, 
under  oath,  to  the  board,  to  enter  any  of  said  land  in  an  amount 
not  to  exceed  one  hundred  and  sixty  (160)  acres  for  any  one 
person;  and  such  application  shall  set  forth  that  the  person  de- 
siring to  make  such  entry  does  so  for  the  purpose  of  actual 
reclamation,  cultivation  and  settlement  in  accordance  with  the 
act  of  congress,  and  the  laws  of  this  state  relating  thereto;  and 
that  the  applicant  has  never  received  the  benefit  of  the  provisions 
of  this  act,  to  an  amount  greater  than  one  hundred  and  sixty 
(160)  acres,  including  the  number  of  acres  specified  in  the  appli- 
cation under  consideration.  Such  application  must  be  accom- 
panied by  a  certified  copy  of  a  contract  ;for  a  perpetual  water 
right,  made  and  entered  into  by  the  party  making  application, 
with  the  person,  company  or  association  who  have  been  author- 
ized by  the  board  to  furnish  water  for  the  reclamation  of  said 
lands ;  and  if  said  applicant  has  at  any  time  entered  land  under 
the  provisions  of  this  act  he  shall  so  state  in  his  application, 
together  with  description,  date  of  entry  and  location  of  said  land. 
The  board  shall  file  in  its  office  the  application  and  papers'  relat- 
ing thereto,  and,  if  allowed,  issue  a  certificate  of  location*  to  the 
applicant.  All  applications  for  entry  shall  be  accompanied  by  a 
payment  of  twenty-five  cents  per  acre,  which  shall  be  paid  as  a 
partial  payment  on  the  land  if  the  application  is  allowed;  and  all 
certificates,  when  issued,  shall  be  recorded  in  a  book  to  be  kept 
for  that  purpose.  If  the  application  is  not  allowed,  the  twenty- 
five  cents  per  acre  accompanying  it  shall  be  refunded  to  the  appli- 
cant. The  board  shall  dispose  of  all  lands  accepted  by  the  state 
under  the  provisions  of  this  act  at  a  uniform  price  of  fifty  cents 
per  acre,  half  to  be  paid  at  the  time  of  entry  and  the  remainder 
at  the  time  of  making  final  proof  by  the  settler.  (L.  1895,  p.  163, 
sec.  16;  sec.  5153,  R.  S.  1908,  p.  1212.) 

Sec.  87.  Disposition  of  funds. — As  provided  in  the  act  of  con- 
gress, all  moneys  received  by  the  board  from  the  sale  of  lands 
selected  under  the  provisions  of  this  act  shall  be  deposited  with 
the  state  treasurer,  and  such  sums  as  may  be  necessary  shall  be 


COLORADO  STATE  LAND  LAWS  31 

available  for  the  payment  of  the  expenses  of  (he  board  and  of 
the  state  engineer's  office  incurred  in  carrying  out  the  provisions 
of  this  act.  Such  expenses  shall  be  paid  by  the  state  auditor  in 
the  manner  provided  by  law,  upon  vouchers  duly  approved  by  the 
board  for  the  work  performed  under  its  direction,  and  by  the 
state  engineer  for  all  work  performed  by  the  state  engineer's 
office;  and  any  balance  remaining  over  and  above  the  expense 
necessary  to  carry  out  the  provisions  of  this  act  shall  constitute 
a  trust  fund  in  the  hands  of  the  state  treasurer,  to  be  used  for 
the  reclamation  of  other  desert  lands.  (L.  1895,  p.  164,  sec.  17; 
sec.  5154,  K.  8.  1908,  p.  1213.) 

Sec.  88.  Duty  of  settler — Proof  of  settler — Final  payment — 
Patent. — Within  one  year  after  any  person,  company  of  persons, 
association  or  incorporated  company,  authorized  to  construct 
irrigation  works  under  the  provisions  of  this  act,  shall  have 
notified  the  settlers  under  such  works  that  they  are  prepared  to 
furnish  water  under  the  terms  of  their  contract  with  the  state, 
the  said  settlers  shall  cultivate  and  reclaim  not  less  than  one- 
sixteenth  part  of  the  land  filed  upon,  and  within  two  years  after 
the  said  noti.ce,  the  settler  shall  have  actually  irrigated  and  culti- 
vated not  less  than  one-eighth  of  the  land  filed  upon,  and  within 
three  years  from  the  date  of  said  notice,  the  settler  shall  appear 
before  the  register,  or  a  judge  or  clerk  of  the  district  court,  or 
judge  of  the  county  court,  in  the  county  in  which  such  land  is 
situated,  as  designated  by  the  register,  and  make  final  proof  of 
reclamation,  settlement  and  occupation,  which  proof  shall  em- 
brace evidence  that  he  has  a  perpetual  water  right  for  his  entire 
tract  of  land  sufficient  in  volume  for  the  complete  irrigation  and 
reclamation  thereof;  that  he  is  an  actual  settler  thereon;  and  has 
cultivated  and  irrigated  not  less  than  one-eighth  part  of  said 
tract,  and  such  further  proof,  if  any,  as  may  be  required  by  the 
regulations  of  the  department  of  the  interior  or  the  board.  The 
officer  taking  this  proof  shall  be  entitled  to  receive  a  fee,  to  be 
fixed  by  the  state  board  of  land  commissioners,  which  fee  shall 
not  exceed  five  (5)  dollars  and  be  paid  by  the  settler  and  shall 
be  in  addition  to  the  price  paid  to  the  state  for  the  land.  All 
proofs  so  received  shall  be  submitted  by  the  register  to  the  board 
and  shall  be  accompanied  by  the  last  final  payment  for  said  land, 
and,  on  the  approval  of  the  same  by  the  said  board,  they  shall  be 
forwarded  to  the  secretary  of  the  interior,  with  a  request  that  a 
patent  to  said  lands  be  issued  to  the  state;  Provided,  That  when- 
ever the  state  of  Colorado  through  its  state  board  of  land  com- 
missioners, can  make  proof  that  such  irrigation  works  have  been 
completed  for  the  reclamation  of  the  lands  so  segregated,  and 
that  an  ample  supply  of  water  is  actually  furnished  in  a  sub- 


32  COLORADO  STATE  LAND  LAWS 

stantial  ditch  or  canal  or  by  artesian  wells  or  reservoirs,  for  such 
purpose,  said  board  shall  apply  for  a  patent  to  such  lands,  in 
the  manner  provided  by  the  regulations  of  the  department  of  the 
interior  and  in  accordance  with  the  provisions  of  the  acts  of 
congress  relating  thereto,  without  waiting  for  settlement  or  culti- 
vation of  such  lands.  (L.  1907,  p.  366,  sec.  1;  amending  L.  1805, 
p.  165,  sec.  18;  sec.  5155,  R.  S.  1908,  p.  1213.) 

Sec.  89.  Patent— Lien  for  deferred  water  payments — Fore- 
closure— Sale — Deed. — Upon  the  issuance  of  a  patent  to  any  lands 
by  the  United  States  to  the  state,  notice  shall  be  forwarded  to 
the  settler  upon  such  land.  It  shall  be  the  duty  of  the  board, 
under  the  signature  of  its  president  and  attested  by  its  secretary, 
to  issue  a  patent  to  said  lands  from  the  state  to  the  settler. 
All  water  rights  acquired  under  the  provisions  of  this  act  shall 
attach  to  and  become  appurtenant  to  the  land  as  soon  as  the  title 
passes  from  the  United  States  to  the  state.  Any  person,  company 
or  association  furnishing  water  for  any  tract  of  land  shall  have 
a  first  and  prior  lien  on  said  water  right  and  land  upon  which 
said  water  is  used,  for  all  deferred  payments  for  said  water  right ; 
said  lien  to  be  in  all  respects  prior  to  any  and  all  other  liens 
created  or  attempted  to  be  created  by  the  owner  and  possessor 
of  said  land;  said  lien  to  remain  in  full  force  until  the  last  de- 
ferred payment  for  the  water  right  is  fully  paid  and  satisfied 
according  to  the  terms  of  the  contract  under  which  said  water 
right  was  acquired ;  the  contract  for  the  water  right  upon  which 
the  aforesaid  lien  is  founded  to  be  recorded  in  the  office  of  the 
county  clerk  of  the  county  where  said  land  is  situate.  That  upon 
default  of  any  of  the  deferred  payments  secured  by  any  lien  under 
the  provisions  of  this  act,  the  person,  company  of  persons,  asso- 
ciation or  incorporated  company  holding  or  owning  said  lien, 
may  foreclose  the  same  according  to  the  terms  and  conditions  of 
the  contract  granting  and  selling  to  the  settler  the  water  right ; 
all  sales  to  be  advertised  in  a  newspaper  of  general  circulation, 
published  in  the  county  where  said  land  and  water  right  is  situ- 
ate, for  six  (6)  consecutive  weeks,  and  to  be  sold  to  the  highest 
bidder  at  the  front  door  of  the  court  house  of  the  county,  or  such 
place  as  may  be  agreed  upon  by  the  terms  of  the  aforesaid  con- 
tract; and  the  sheriff  of  said  county  to  give  all  notices  of  sale 
and  to  sell  all  property,  and  to  make  and  execute  a  good  and 
sufficient  deed  to  the  purchaser  thereof  hereinafter  provided. 
And  at  such  sale  no  person,  company  of  persons,  association  or 
incorporated  company,  owning  or  holding  any  lien,  shall  bid  in 
or  purchase  any  land  or  water  right  at  a  less  price  than  the 
amount  due  on  said  deferred  payment  for  said  water  right  and 
land,  and  the  costs  incurred  in  making  the  sale  of  said  land  and 


COLORADO  STATE  LAND  LAWS  33 

water  right.  The  sheriff  shall  execute  a  certificate  of  sale  as  in 
case  of  sale  of  an  execution  subject  in  all  respects  to  redemption 
as  in  such  case ;  and  if  not  redeemed  the  sheriff  shall  execute  a 
deed  as  upon  sale  on  execution.  (L.  1805,  p.  166,  sec.  19;  sec. 
5156,  R.  S.  1008,  p.  1213.) 

[Certificate  of  sale  and  sheriff's  deed,   sections  3642-3644,   R.   S.  1908.] 

Sec.  90.  Requirements  of  maps. — The  maps  of  the  lands 
selected  under  the  provisions  of  this  act  shall  show  the  location 
of  the  canals  or  other  irrigation  works  approved  in  the  contract 
with  the  board,  and  all  lands  filed  upon  shall  be  subject  to  the 
right  of  way  of  such  canals  or  irrigation  works;  said  right  of 
way  to  embrace  the  entire  width  of  the  canal  and  such  additional 
width  as  may  be  required  for  its  proper  operation  and  mainte- 
nance, the  width  of  right  of  way  to  be  specified  in  the  contracts 
provided  for  in  this  act.  (L.  1895,  p.  167,  sec.  20;  sec.  5157, 
R.  S.  1008,  p.  12J4.) 

Sec.  91.  Rules  and  regulations — Maps  and  contracts — Annual 
report  of  construction  company. — The  board  shall  provide  suitable 
rules  for  the  filing  of  proposals  for  constructing  irrigation  works, 
and  for  the  entry  and  payment  of  the  land  by  settlers,  and  for 
the  forfeiting  of  entry  by  settlers  upon  failure  to  comply  with  the 
provisions  of  this  act.  There  shall  be  kept  in  the  office  of  1he 
board,  for  public  inspection,  copies  of  all  maps,  plats,  contracts 
for  the  construction  of  irrigation  works,  and  of  the  entries  of 
land  by  settlers.  It  shall  require  from  each  person,  company  of 
persons,  association  or  incorporated  company  engaged  in  the  con- 
struction of  irrigation  works,  under  the  provisions  of  this  act, 
an  annual  report,  to  be  submitted  to  the  board  on  or  before  the 
first  day  of  November  of  each  year,  this  report  to  show  the  num- 
ber of  water  rights  sold,  the  number  of  users  of  water  under  said 
irrigation  works,  the  legal  subdivisions  of  land  for  which  water 
is  to  be  furnished,  the  names  of  the  officers  of  the  company,  the 
acreage  of  land  which  the  said  irrigation  works  is  prepared  to 
supply  with  water,  and  such  other  data  as  the  board  sees  fit  to 
require.  The  rules  required  by  this  section  may  be  waived  in 
the  case  of  irrigation  works  being  constructed  by  a  person,  colony 
or  association  of  persons  to  furnish  water  for  land  settled  upon 
and  being  reclaimed  by  themselves.  (L.  1805,  p.  167,  sec.  21  ; 
sec.  5158,  R.  S.  1908,  p.' 1214.) 

Sec.  92.  Duties  of  employes — Fees — Fee  book. — The  board 
shall  prescribe  the  duties  of  all  its  employes,  and  shall  collect  the 
following  fees: 

For  filing  each  application,  one  dollar;  for  filing  each  proof, 
one  dollar;  for  issuing  each  patent,  one  dollar;  for  making  certi- 


34  COLORADO  STATE  LAND  LAWS 

fied  copies  of  papers  or  records,  the  same  fee  as  provided  for  to 
be  charged  by  the  secretary  of  state  for  like  services. 

And  a  fee  book  shall  be  kept  by  the  register,  showing  all 
fees  received  by  him  from  any  source  whatever.  The  money  col- 
lected for  fees  shall  be  paid  to  the  treasurer  of  the  state  and  by 
him  credited  to  the  fund  created  by  virtue  of  this  act.  (L.  1895, 
p.  168,  sec.  2-2;  sec.  5159,  R.  S.  1908,  p.  1214.) 

[Fees  of  secretary  of  state  for  copies.     Section  2519,  R.  S.  1908.] 

Sec.  93.  Report  of  board  concerning  work. — The  board  shall 
issue,  on  or  before  the  thirtieth  day  of  November  of  each  year,  a 
report  setting  forth  in  detail  the  names,  location  and  character 
of  the  irrigation  works  in  process  of  construction,  the  acreage 
and  legal  sub-divisions  of  land,  intended  to  be  reclaimed,  the 
estimated  cost  of  said  irrigation  works,  the  price  of  water  rights 
from  such  irrigation  works,  and  the  terms  of  payment  for  both 
water  rights  and  land.  Not  less  than  one  thousand  copies  of  such 
report  shall  be  printed  for  gratuitous  distribution.  (L.  1895,  p. 
168,  sec.  23;  sec.  5160,  R.  S.  1908,  p.  1214.) 


IRRIGATION  DISTRICTS,  COLLEGE  AND  SCHOOL  LANDS 

Sec.  94.  Agricultural  college  and  public  school  lands  to  be 
included  in  water  districts. — For  the  purpose  of  furnishing  water 
arid  securing  water  rights  for  agricultural  college  and  public 
school  lands,  lying  within  or  adjacent  to  the  boundaries  of  any 
irrigation  district  now  organized,  or  which  may  hereafter  be 
organized,  the  stale  board  of  land  commissioners  is  hereby  au- 
thorized to  petition  all  such  lands  into  such  irrigation  districts. 
(Ch.  178,  S.  L.  1909,  p.  429.) 

Sec.  95.  Form  and  requirements  of  petition. — All  such  peti- 
tions shall  be  in  the  form  now  provided  by  law  for  the  petition 
of  other  lands  into  such  irrigation  districts,  and  shall  be  signed, 
sealed  and  acknowledged  by  the  register  of  the  state  board  of 
land  commissioners,  on  behalf  of  said  board,  and  shall  in  addition 
be  countersigned  by  the  governor  of  the  state,  on  behalf  of  the 
state,  and  when  so  signed,  sealed,  acknowledged  and  filed  with 
the  board  of  directors  of  any  irrigation  district,  shall  be  deemed 
to  give  the  assent  of  said  state  board  of  land  commissioners  and 
the  state  of  Colorado  to  the  inclusion  of  all  lands  therein  de- 
scribed in  said  irrigation  district.  (Ch.  178,  S.  L.  1909,  p.  429.) 

Sec.  96.  Assessments. — All  such  lands  so  included  in  any  irri- 
gation district  in  this  state,  shall  be  assessed  for  irrigation  dis- 


COLORADO  STATE  LAND  LAWS  35 

trict  purposes  in  the  same  manner  and  at  the  same  rate  as  other 
lands  in  such  irrigation  districts.  (Ch.  178,  S.  L.  1909,  p.  430.) 
Sec.  97.  Duties,  county  treasurer — Register  of  land  board — 
Manner  of  payment. — It  shall  be  the  duty  of  the  county  treasurer 
of  each  and  every  county  in  this  state  wherein  any  irrigation  dis- 
trict is  located,  and  in  which  such  lands  have  been  so  included, 
to  notify  the  register  of  the  state  board  of  land  commissioners, 
on  or  before  the  first  day  of  February  of  each  and  every  year  of 
the  amount  of  district  assessments  due  on  such  lands,  giving 
therein  the  exact  description  of  each  tract  of  land  so  assessed 
and  the  amount  of  assessments  due  thereon.  Immediately  upon 
receiving  such  notice  it  shall  be  the  duty  of  the  register  of  said 
state  board  of  land  commissioners  to  place  the  same  before  said 
board  at  their  next  regular  meeting,  who  shall  examine  said 
notice  of  assessments  due,  and  if  the  same  be  found  correct,  they 
shall  certify  the  same  to  the  state  treasurer  who  shall  pay  the 
same  out  of  any  of  the  monies  in  his  hands  belonging  to  said 
respective  land  funds  howsoever  derived,  and  charge  the  same  to 
said  respective  funds.  Such  payment  shall  be  by  warrant  from 
the  state  treasurer  to  the  proper  county  treasurer,  and  when  so 
received  by  him,  he  shall  issue  his  receipts  therefor  in  the  name 
of  the  state  board  of  land  commissioners,  and  shall  in  addition 
issue  a  duplicate  receipt  to  said  state  treasurer.  (Ch.  178,  S.  L. 
1909,  p.  430.) 

Sec.  98.  Assessments — Purchaser  pays  accrued  assessments — 
Exception. — Upon  the  receipt  of  such  receipts  from  said  county 
treasurers,  it  shall  be  the  duty  of  the  register  of  the  state  board 
of  land  commissioners  to  enter  and  charge  the  same  against  each 
tract  of  land  so  paid  on,  in  a  book  to  be  kept  by  him  for  that 
purpose,  showing  the  amount  paid,  ,date  of  payment  and  to 
whom  paid,  and  whenever  any  of  said  tracts  of  land  shall  be  sold, 
the  purchaser  thereof,  in  addition  to  the  purchase  price  therefor, 
shall  pay  all  of  such  accrued  assessments  so  paid  as  aforesaid, 
together  with  interest  thereon,  from  the  date  of  payment  at  the 
rate  of  6  per  centum  per  annum,  such  accrued  assessments  and 
interest  thereon  to  be  included  in  the  total  purchase  price  to  be 
paid  by  said  purchaser;  Provided,  That  this  section  shall  not 
apply  to  such  assessments  as  shall  have  been  paid  by  the  lessees 
of  any  such  tracts  of  land,  theretofore  leased  from  the  state  as 
hereinafter  provided.  (Ch.  178,  S.  L.  1909,  p.  430.) 

Sec.  99.  Tenant  pay  assessments  in  addition  to  rent. — In  the 
event  that  any  such  tracts  of  land  so  included  within  any  irriga- 
tion district,  shall  be  leased  from  the  state  board  of  land  com- 


36  COLORADO  STATE  LAND  LAWS 

missioners,  then  and  in  that  case  all  such  lessees  shall  in  addition 
to  the  rental  paid  to  said  state  board  of  land  commissioners, 
pay  such  an  additional  amount  to  said  board  as  will  equal  the 
district  assessments  levied  upon  such  lands  for  the  year  in  which 
such  rental  shall  be  paid;  and  such  monies  when  so  received  by 
the  register  of  the  state  board  of  land  commissioners,  shall  be 
turned  into  the  state  treasurer  and  be  by  him  kept  in  a  separate 
fund  for  the  payment  of  such  assessments  aforesaid.  (Ch.  178, 
S.  L.  1909,  p.  430.) 

Sec.  100.  Requirements  of  contracts  of  sale  of  such  lands. — 
All  contracts  for  the  sale  of  any  such  lands  included  within  any 
irrigation  district  shall,  in  addition  to  the  purchase  price  to  be 
paid,  provide  that  such  purchaser  shall  on  or  before  the  first  day 
of  March  in  each  and  every  year,  until  he  shall  have  secured  a 
patent  for  such  lands,  pay  unto  the  register  of  the  state  board 
of  land  commissioners  such  an  amount  as  will  equal  the  district 
assessments  so  levied  upon  such  lands  for  the  year  in  which  such 
payment  is  to  be  made,  and  such  monies  when  so  received  by  said 
register,  shall  be  turned  into  the  state  treasurer  and  be  by  him 
kept  in  a  separate  fund  for  the  payment  of  such  assessments 
aforesaid.  (Ch.  178,  S.  L.  1909,  p.  431.) 

Sec.  101.  Securing  water  rights  for  state  lands. — For  the 
purpose  of  furnishing  water  and  securing  water  rights  for  state 
lands,  the  state  board  of  land  commissioners  is  hereby  authorized 
to  enter  into  contracts  with  any  person,  corporation  or  irrigation 
district,  providing  for  such  irrigation,  and  to  petition  all  such 
lands  into  irrigation  districts  at  the  time  of  or  after  the  forma- 
tion of  such  districts.  (Oh.  85,  S.  L.  1911,  p.  211.) 

Sec.  102.  Freeholders'  rights — By  whom  exercised — Lessees 
and  purchasers  to  pay  irrigation  assessments. — In  case  of  any  such 
land  so  petitioned  into  any  irrigation  district,  the  state  board  of 
land  commissioners  shall  be  considered  in  all  respects  as  free- 
holder, so  long  as  said  land  remains  unsold,  but  as  soon  as  any 
of  such  land  is  sold,  whether  occurring  prior  or  after  the  time 
such  land  is  petitioned  into  any  such  irrigation  district,  the  pur- 
chaser shall  from  the  time  of  his  purchase  be  considered  as  such 
freeholder  and  entitled  to  all  the  rights  of  a  freeholder,  whether 
or  not  he  has  completed  his  payments  to  the  state  board  of  land 
commissioners,  providing  that  in  no  case  shall  any  interest  or 
•title  of  the  state  be  made  liable  or  subjected  to  any  claim  for 
any  water  tax,  water  assessment  or  water  charge,  by  reason  of 
the  including  of  any  of  such  state  land  in  any  irrigation  district, 


COLORADO  STATE  LAND  LAWS  37 

All  assessments  or  other  payments  for  the  cost  of  so  irrigating 
any  such  state  land  shall  be  paid  by  the  lessees  or  purchasers 
thereof.  In  case  of  any  lease  or  sale,  the  lessee  or  purchaser  shall 
pay  to  the  register  on  or  before  March  first  of  each  year,  in 
addition  to  his  rental  or  amount  due  on  his  contract  of  purchase, 
as  the  case  may  be,  such  an  additional  amount  as  will  equal  the 
district  assessment  for  an  equal  amount  of  land  within  the  dis- 
trict, or  such  greater  amount  as  the  board  may  require,  and  the 
register  shall  pay  such  additional  amounts  to  the  proper  officer 
authorized  by  law  to  receive  payment  of  assessments  within  such 
district  to  apply  on  the  cost  of  furnishing  water  for  such  state 
land.  Whenever  the  title  to  any  such  state  land  shall  pass  from 
the  state,  the  unpaid  balance  of  the  cost  of  furnishing  water  for 
the  same  shall  at  once  become  due  and  payable  and  attach  as  a 
lien  thereon  and  be  collected  as  an  assessment  of  such  irrigation 
district,  in  the  same  manner  as  assessments  on  other  lands  in  the 
district.  (Ch.  85,  S.  L.  1911,  p.  211.) 

Sec.  103.  Powers  of  state  board  of  land  commissioners. — 
That  in  order  to  provide  payment  for  such  water  rights  for  state 
lands,  the  state  board  of  land  commissioners  may  agree  that 
whenever  any  state  land  for  which  irrigation  is  provided,  is  leased 
or  sold,  the  lessee  or  purchaser  as  the  case  may  be,  shall  pay  the 
agreed  value  therefor,  at  such  times  and  in  such  amounts  and  in 
such  proportion  as  may  be  agreed  upon  by  the  state  board  of 
land  commissioners,  and  the  state  board  of  land  commissioners 
shall  have  full  power  to  secure  to  any  such  person,  corporation 
or  irrigation  district  so  furnishing  water  for  the  irrigation  of 
state  lands,  the  payment  of  the  cost  of  such  water  rights  upon 
such  lands  being  leased  or  sold  by  the  lessee  or  purchaser  thereof, 
provided  that  in  no  case,  shall  the  state  board  of  land  commis- 
sioners have  any  power  to  use  any  of  the  school  fund,  either  prin- 
cipal or  interest,  for  any  such  purpose.  (Ch.  85,  S.  L.  1911,  p. 
212.) 


IRRIGATION  DISTRICTS 

Sec.  104.  Land  outside  irrigation  districts  may  be  admitted — 
Petition. — The  holder  or  holders  of  title,  or  evidence  of  title  of 
any  land  adjacent  to  or  situated  within  the  boundaries  of  any 
irrigation  district  or  irrigable  from  the  ditches,  canals  and  irri- 
gation works  of  the  district,  may  file  with  the  board  of  directors 
of  said  district  a  petition  in  writing,  praying  that  such  lands  be 
included  in  such  district.  The  petition  shall  describe  the  tracts, 
or  body  of  land  owned  by  the  petitioners,  but  such  description 


38  COLORADO  STATE  LAND  LAWS 

need  not  be  more  particular  than  is  required  when  such  lands 
are  entered  by  the  county  assessor  in  the  assessment  book.  Such 
petition  shall  be  deemed  to  give  the  assent  of  the  petitioners  to 
the  inclusion  in  said  district  of  the  lands  described  in  the  peti- 
tion, and  such  petition  must  be  acknowledged  in  the  same  manner 
that  conveyances  of  land  are  required  to  be  acknowledged.  (Ch. 
154,  S.  L.  1911,  p.  468.) 


STATE  LAND— IRRIGATION 

Sec.  105.  Land  commissioners  authorized  to  irrigate  and 
improve  land. — That  the  state  board  of  land  commissioners  of  the 
state  of  Colorado  be,  and  it  is,  hereby  authorized  and  directed 
to  take,  on  behalf  of  and  in  the  name  of  the  state,  as  speedily  as 
practicable,  such  action  as  may,  in  the  judgment  of  said  board, 
be  necessary  or  desirable  to  irrigate  and  improve  such  lands 
belonging  to  the  state  of  Colorado,  and  lying  in  the  .San  Luis 
valley  and  elsewhere,  as  may  in  the  judgment  of  the  board  be 
susceptible  of  improvement  by  irrigation.  (Ch.  150,  S.  L.  1913, 
p.  588.) 

Sec.  106.  Actions  to  secure  irrigation. — That  such  action  be 
taken  by  initiating  such  water  rights  and  systems  for  reservoirs, 
canals  and  conduits,  or  by  the  purchase  of  existing  water  rights, 
systems  for  reservoirs,  canals  and  conduits,  or  an  interest  therein, 
including  pumping  plants,  highways  and  such  other  accessories 
as  may,  in  the  judgment  of  the  board,  be  necessary  or  desirable 
to  the  successful  accomplishment  of  the  objects  of  this  act.  (Oh. 
150,  S.  L.  1913,  p.  588.) 

Sec.  107.  Laws  of  state  and  United  States  invoked. — That  in 
furtherance  of  such  objects  the  board  shall  proceed  in  accordance 
with  the  irrigation  laws  of  the  state,  in  so  far  as  the  same  be 
applicable,  and  may,  if  it  so  elect,  also  proceed  under  the  laws  of 
the  United  States  relating  to  the  acquisition  of  such  rights  or 
easements  upon  and  over  the  public  lands  of  the  United  States. 
(Ch.  150,  S.  L.  1913,  p.  588.) 

Sec.  108.  Board  not  bound  to  concur  in  departmental 
decisions. — That  in  case  such  procedure,  or  any  part  thereof,  shall 
be  under  the  laws  of  the  United  States,  the  board  shall  not  be 
bound,  or  required,  to  accept  or  concur  in  the  action  or  decision, 
or  failure  or  delay  in  action  or  decision  of  any  departmental  or 
other  officer,  agent  or  employe  of  the  United  States,  if  in  the 
judgment  of  the  board  the  same  is  not  in  good  faith,  or  for  the 
mere  purpose  of  delay  or  is  adverse  to  be  legal,  constitutional  or 
inherent  rights  of  the  state. 


COLORADO    STATE    LAND    LAWS  39 

Nor  shall  the  board,  in  any  event,  accept  or  concur  in  any 
such  action,  decision,  grant  or  permit  which  is,  or  purports  to  be, 
revocable  by  the  United  States  or  by  any  departmental  or  other 
officer,  agent  or  employe  of  the  United  States  at  discretion,  or 
without  reasonable  cause  and  opportunity  to  be  heard.  (Oh.  150, 
S.  L.  1913,  p.  589.) 

Sec.  109.  Invoke  power  of  eminent  domain. — That  in  case  of 
$uch  procedure  under  the  laws  of  the  United  States  and  in  the 
event  that  any  departmental  or  other  officer,  agent  or  employe  of 
the  United  States,  shall,  in  the  judgment  of  the  board,  fail  or 
refuse  to  act  or  decide  within  a  reasonable  time,  or  in  bad  faith, 
or  for  mere  purpose  of  delay,  or  act  or  decide  adversely  to  the 
legal,  constitutional  or  inherent  rights  of  the  state,  upon  any 
question  involved  and  subject  to  his  Action  or  decision,  or  shall 
obstruct,  hinder  or  interfere  with  the  necessary  occupancy  or 
possession  of  the  lands  involved,  by  the  state,  or  any  of  its  agents 
or  employes,  the  board  shall  at  once  proceed  to  acquire  the  de- 
sired rights  or  easements  occupancy  or  possession  by  invoking 
the  power  of  eminent  domain  of  the  state. 

Such  proceedings  including  the  right  to  enter  upon  the  lands 
involved  for  the  purpose  of  examination  and  survey,  and  the  right 
of  possession  during  the  pendency  of  the  action,  and  in  all  other 
respects  shall  be  as  provided  in  chapter  XLV  of  the  Revised  Stat- 
utes of  Colorado,  1908,  in  relation  to  eminent  domain,  and  amend 
ments  thereto,  in  so  far  as  applicable,  and  as  supplemented  and 
enlarged  by  this  act.  (Ch.  150,  S.  L.  1913,  p.  589.) 

Sec.  110.  Actions  in  the  name  of  the  state. — Such  action  shall 
be  brought  in  the  name  of  the  state  of  Colorado  as  plaintiff,  in 
the  district  court  of  any  county  in  which  the  system  of  irrigation 
or  any  part  thereof  is  located,  or  is  to  be  located,  and  shall  make 
as  defendants  thereto  by  proper  name  and  official  title,  when 
known,  such  departmental  and  other  officers,  agents  and  em- 
ployes of  the  United  States  as  have  or  claim  to  have  jurisdiction, 
possession,  charge  or  control,  or  are  exercising  the  same,  over  tfee 
lands  involved  or  any  part  thereof;  also  such  other  officers,  agents 
and  persons  as  the  board  may  deem  necessary  or  proper. 

The  summons  and  other  process  shall  be  served  and  return 
made  in  the  manner  prescribed  in  the  aforesaid  laws  of  the  »t*i 
relating  to  eminent  domain,  or  in  any  other  manner  required  by 
the  order  of  the  court  or  judge  in  the  action.     (Ch.  150,  S.  L. 
1913,  p.  589.) 

Sec.  111.  Interests  of  the  United  States,  subject  to  jurisdic- 
tion in  court. — That  upon  the  completion  of  service  and  return  of 
summons  or  other  process  and  the  expiration  of  the  time  required 


40  COLORADO  STATE  LAND  LAWS 

by  law  or  the  order  of  the  court  or  judge  before  whom  the  action 
is  pending  for  the  appearance  of  the  defendants,  they,  and  all 
interests  of  the  United  States  in  the  lands  involved  shall  be 
deemed  to  be  in  court  and  subject  to  its  jurisdiction,  and  there- 
after, such  proceedings  shall  be  had  as  are  required  by  the  afore- 
said laws  of  the  state,  so  far  as  applicable  and  as  supplemented 
and  enlarged  by  the  provisions  of  this  act,  and  if  the  judgment 
of  the  court  be  in  favor  of  the  state  it  shall  vest  in  the  state  th£ 
rights  and  easements  so  adjudged,  upon  and  over  all  public  lands 
of  the  United  States  so  involved,  whether  the  same  be  reserved  or 
unreserved,  or  withdrawn  temporarily  or  permanently  for  any 
purpose  whatever,  except  those  held  for  strictly  governmental 
purposes,  the  jurisdiction  over  which  has  been  ceded  by  the  state 
to  the  United  States.  (Ch.  150,  S.  L.  1913,  p.  590.) 

Sec.  112.  Mandamus. — Nothing  in  this  act  shall  prevent  the 
board  or  the  state  from  proceeding  in  aid  of  the  action  herein 
provided  for,  or  independently  thereof,  by  mandamus,  injunction 
or  other  appropriate  action  at  law  or  in  equity,  civil  or  crimirn 
to  acquire  irrigation  rights  and  easements  upon  the  public  do 
main  for  the  benefit  of  the  state  or  its  citizens,  or  to  protect  and 
defend  the  same.  (Ch.  150,  S.  L.  1913,  p.  590.) 

Sec.  113.  Attorney-general  to  aid  in  enforcement — Employ 
assistant. — The  attorney-general  of  the  state  is  directed  to  give 
prompt  and  special  attention  to  the  enforcement  of  this  act  and 
shall,  when  so  requested  by  the  board,  give  advice  and  take  such 
legal  action  as  in  his  judgment  is  necessary  or  proper,  and  to 
that  end  may,  if  necessary,  with  the  approval  of  the  board  and 
governor,  employ  not  to  exceed  one  lawyer  or  firm  of  lawyers  to 
assist  him  therein,  but  no  retainer  shall  be  paid  or  other  payment 
for  such  services  made  until  after  the  same  have  been  rendered, 
or  concurrently  with  such  rendition.  (Ch.  150,  S.  L.  1913,  p. 
590.) 

Sec.  114.  Appropriation — Vouchers. — There  is  hereby  appro- 
pf  iated  the  sum  of  f  2,500,  or  so  much  thereof  as  may  be  neces- 
sary, for  the  purpose  of  carrying  out  the  provisions  of  this  act, 
payable  out  of  the  internal  improvement  fund  or  the  proceeds  of 
the  sale  of  land  under  section  5197  of  the  Revised  Statutes  of 
Colorado,  1908,  or  both ;  the  same  to  be  expended  under  the  direc- 
tion of  the  board,  with  the  approval  of  the  governor,  but  only  in 
payment  for  services  and  expenses  actually  rendered  or  incurred, 
or  the  purchase  of  existing  irrigation  systems  or  interests  therein, 
or  damages  awarded  under  eminent  domain  proceedings,  or  such 
other  expenses  as  may  be  reasonably  necessary  to  the  effectual 
enforcement  of  this  act. 


COLORADO  STATE  LAND  LAWS  41 

Vouchers  therefor  to  be  approved  by  the  president  of  the 
board  and  the  governor.     (Ch.  150,  S.  L.  1913,  p.  591.) 


STATE  BOARD  OF  LAND  COMMISSIONERS 

Sec.  115.  How  appointed — Term — Salary. — The  state  board 
of  land  commissioners  shall  be  composed  of  three  (3)  persons  to 
be  appointed  by  the  governor,  with  the  consent  of  the  senate,  who 
shall  have  the  direction,  control  and  disposition  of  the  public 
lands  of  the  state  under  such  regulations  as  are  and  may  be  pre- 
scribed by  law,  one  of  which  persons  shall  at  the  time  of  his  ap- 
pointment be  designated  as  president  of  the  board  and  whose 
office  shall  expire  on  the  second  Tuesday  of  January,  1917,  one  of 
which  persons  shall  at  the  time  of  his  appointment  be  designated 
as  register  of  the  board  and  whose  term  of  office  shall  expire  on 
the  second  Tuesday  of  January,  1915,  and  the  third  member  of 
said  board  shall  at  the  time  of  his  appointment  be  designated  as 
the  engineer  of  the  board  and  shall  always  be  professionally  a 
civil  engineer,  who,  for  at  least  five  (5)  years,  has  been  actively 
engaged  in  the  practice  of  his  profession  and  whose  term  of  office 
shall  expire  on  the  second  Tuesday  of  January,  1913;  and  the 
successor  and  successors  of  the  first  members  of  the  board  shall 
each  be  appointed  for  the  terms  of  six  (6)  years. 

On  the  adoption  of  this  amendment  by  the  electors  of  this 
state,  it  shall  not  go  into  full  force  and  effect  until  the  second 
Tuesday  of  January,  1911. 

The  members  of  the  board  shall  each  receive  a  salary  of  three 
thousand  dollars  (f 3,000)  per  annum  until  otherwise  provided  by 
law;  but  the  salary  of  each  member  of  this  board  is  to  be  paid 
out  of  the  income  of  the  said  state  board  of  land  commissioners. 
(Sec.  9,  Art.  IX,  Constitution,  as  amended  by  ch.  149,  S.  L.  1909, 
p.  322.) 

See  citations  under  Sec.  9,  Art.  IX,  of  the  Constitution. 

Sec.  116.  Examination  of  accounts — Report. — The  governor 
shall,  upon  the  first  day  of  April  and  October  of  each  year,  ap- 
point a  committee  of  three  competent  persons  to  examine  the 
books  and  accounts  of  the  state  board  of  land  commissioners. 
Said  committee  shall  make  a  report  in  writing,  which  shall  be 
delivered  to  the  governor.  (L.  1905,  p.  320,  sec.  3;  superseding  L. 
1889,  p.  38,  sec.  1;  sec.  5163,  E.  S.  1908,  p.  1215.) 

[Is  this  section  superseded  by  section  5003,  R.  S.  1908?] 

Sec.  117.  Records  and  documents. — The  state  board  of  land 
commissioners  shall  cause  a  complete  record  of  their  proceedings 


42  COLORADO  STATE  LAND  LAWS 

to  be  kept  in  a  suitable  book,  and  shall  preserve  all  important 
papers  and  documents  pertaining  to  the  state  lands.  (L.  1905, 
p.  320,  sec.  4;  sec.  5164,  K.  S.  1908,  p.  1216.) 

Sec.  118.  Register  —  Salary  —  Duties  —  Powers  —  Report  — 
Bond. — The  state  board  of  land  commissioners  are  hereby  author- 
ized to  appoint  a  register  of  the  state  board  of  land  commissioners, 
who  is  not  a  member  of  said  board,  whose  salary  shall  be  three 
thousand  dollars  per  annum.  The  state  board  of  land  commis- 
sioners is  authorized  and  empowered  to  employ  all  office  force. 
It  shall  be  the  duty  of  the  register  to  keep  the  records  of  the  state 
board  of  land  commissioners;  to  make  out  and  countersign  all 
patents  and  leases  issued  by  the  president  of  the  said  board  to 
purchasers  and  lessees  of  state  lands,  and  keep  a  suitable  record 
of  the  same ;  to  file  and  preserve  bonds  of  lessees  and  those  given 
by  purchasers  to  secure  deferred  payments;  to  make  and  deliver 
to  purchasers  suitable  certificate  of  purchase,  to  have  the  custody 
of  the  seal  of  the  state  board  of  land  commissioners;  to 
keep  the  minutes  of  the  said  board;  to  receive  all  moneys  from 
the  deputy  register  collected  by  such  officer  on  account  of  the 
state  board  of  land  commissioners,  and  to  pay  them  over  to  the 
state  treasurer  at  the  end  of  each  calendar  month,  and  in  the  ab- 
sence of  the  deputy  register  to  receipt  for  and  receive  all  moneys 
payable  to  the  state  board  of  land  commissioners,  and  to  perform 
such  other  duties  concerning  the  land  affairs  of  the  state  as  the 
said  board  may  direct.  Tt  shall  also  be  the  duty  of  the  register 
in  any  and  all  contested  cases,  at  the  direction  of  the  board,  when 
hearings  are  necessary  and  witnesses  may  be  required  to  be  ex- 
amined, to  set  a  date  for  hearing  such  cases.  The  register  shall 
duly  advise  the  contestants  and  their  accredited  attorneys  of  the 
date  set  for  such  hearings,  and  on  the  date  appointed  the  register 
is  hereby  empowered  to  administer  oaths  and  to  hear  and  receive 
evidence,  after  the  manner  and  procedure  established  by  the 
United  States  in  the  district  land  offices,  or  in  accordance  with 
the  rules  that  are  or  may  be  adopted  bv  the  board  governing  such 
cases.  All  evidence  given  and  provided  in  such  cases  before  the 
register  shall  be  fully  transcribed  and  arranged  at  the  cost  of  the 
parties  to  the  contest,  and  shall  form  a  part  of  the  records  of  the 
office  of  the  state  board  of  land  commissioners.  The  register  shall, 
as  soon  as  convenient  after  such  hearings,  present  a  full  tran- 
script of  the  proceedings  to  the  state  board  of  land  commissioners, 
who  shall  render  a  decision  in  accordance  therewith.  The  register 
shall  be  provided  with  a  suitable  office,  office  furniture,  stationery 
and  postage  by  the  secretary  of  state.  On  or  before  the  tenth 
day  of  December  immediately  preceding  the  meeting  of  the  gen- 
eral assembly,  he  shall  make  a  report  of  the  business  of  his  office. 


COLORADO  STATE  LAND  LAWS  43 

the  transactions  of  the  state  board  of  land  commissioners,  and 
the  land  affairs  of  the  state,  showing,  by  tables,  the  land  belonging 
to  the  several  funds  of  the  state,  to  whom  sold,  the  amount  leased, 
the  receipts  from  all  sources,  and  said  reports  shall  contain  any 
such  other  items  or  information  concerning  state  lands  as  the 
state  board  of  land  commissioners  may  deem  worthy  of  publica- 
tion ;  Provided,  Said  report  does  not  exceed  the  number  of  pages 
permitted  by  law.  Of  this  report  there  shall  be  published  the  same 
number  as  is  now,  or  may  be  hereafter,  required  by  law  for  the 
executive  departments  of  the  state.  Before  assuming  the  duties 
of  his  office  the  said  register  shall  give  bond  in  the  sum  of  fifty 
thousand  (50,000)  dollars,  conditional  upon  the  faithful  dis- 
charge of  his  duties,  and  said  bond  shall  be  approved  by  the  state 
board  of  land  commissioners  and  filed  with  the  secretary  of  state. 
(L.  1905,  p.  320,  sec.  5;  sec.  5165,  E.  S.  1908,  p.  1216.) 

[Number  and  size  of  reports.     Section  4710,  R.  S.  1908.] 

Sec.  119.  Deputy  register — Duties — Bond. — The  state  board 
of  land  commissioners  shall  be  allowed  the  sum  of  one  thousand 
eight  hundred  (1,800)  dollars  annually  for  the  employment  of  a 
deputy  register.  It  shall  be  the  duty  of  the  deputy  register  to  re- 
ceipt and  account  for  all  moneys  payable  to  the  state  board  of 
land  commissioners,  and  said  deputy  register  shall  pay  same  over 
to  the  register  at  the  end  of  each  calendar  month.  The  deputy 
register  shall  give  a  good  and  sufficient  bond,  to  be  approved  by 
the  state  board  of  land  commissioners,  for  the  faithful  perfor- 
mance of  the  duties  pertaining  to  that  position,  the  amount  of  said 
bond  to  be  fixed  by  the  state  board  of  land  commissioners.  The 
deputy  register  shall  perform  such  other  duties  as  may  be  pre- 
scribed by  the  state  board  of  land  commissioners.  (L.  1905,  p.  321, 
sec.  6;  sec.  5166,  R.  S.  1908,  p.  1216.) 

Sec.  120.  Land  patents — Signed — Attested — Certified  copies. 
— The  governor  of  the  state  shall  be,  and  is  hereby  authorized, 
and  in  case  of  his  absence  or  inability,  the  lieutenant  governor 
shall  be,  and  is  hereby  authorized  to  execute  a  good  and  sufficient 
deed  or  patent  of  conveyance,  transferring  in  fee,  without  cove- 
nants, any  and  all  lands  which  shall,  or  may  be  ordered  sold,  or 
which  shall  be  sold  and  disposed  of  by  the  state  land  board  under 
the  statutes  of  this  state.  Such  deed  or  patent  shall  be  attested 
by  the  secretary  of  state,  countersigned  by  the  register,  and  have 
the  great  seal  of  the  state  and  the  seal  of  the  state  board  of  land 
commissioners  thereto  attached,  but  need*not  be  acknowledged. 
The  certified  copy  of  the  record  of  any  such  deed  or  patent  shall  be 
receivable  in  evidence  in  all  courts  of  record  in  this  state,  the  same 


44  COLORADO  STATE  LAND  LAWS 

as  the  original.     (L.  1905,  p.  322,  sec.  7;  sec.  5167,  R.  S.  1908,  p. 
1217.) 

Where  a  party  is  entitled  to  a  patent,  mandamus  will  lie  to  compel 
execution  and  delivery.  Greenwood  G.  L.  Co.  vs.  Routt,  17  Colo.,  163;  28 
Pac.,  1127. 

Sec.  121.  Fees  for  appraisement. — The  state  board  of  land 
commissioners  shall  provide,  by  rule,  for  the  amount  to  be  paid 
for  the  appraisement  of  land  included  in  each  application  to  pur- 
chase, which  amount  shall  be  paid  by  the  person  or  persons  apply- 
ing for  the  land  when  such  application  is  filed  with  the  register. 
(L.  1905,  p.  322,  sec.  8;  sec.  5168,  R.  S.  1908,  p.  1217.) 

Sec.  122.  Location  and  selection  of  lands. — It  shall  be  the 
,  duty  of  the  state  board  of  land  commissioners  to  select  and  locate 
all  lands  which  are  now,  or  may  be  hereafter,  granted  to  this  state 
by  the  general  government,  for  any  purpose  whatever,  and  the 
board  shall  take  the  necessary  steps  to  secure  the  approval  of  such 
selections  by  the  proper  officers  of  the  general  government.  In 
making  such  selections,  the  board  may  employ  such  agents  and 
means  as  may  be  necessary  to  acquaint  the  board  with  the  char- 
acter of  the  lands  selected;  and  the  board  may  provide  to  have 
the  lands  belonging  to  the  state  classified  and  appraised.  (L. 
1905,  p.  322,  sec.  9;  sec.  5169,  R,  S.  1908,  p.  1217.) 

Sec.  123.  Appraisers — Salaries  and  expenses. — There  shall  be 
appointed  by  the  state  board  of  land  commissioners  not  less  than 
three  appraisers  of  state  lands,  who  shall  be  under  the  direction 
of  the  register  of  the  state  board  of  land  commissioners,  and  who 
shall  be  paid  not  more  than  fifteen  hundred  (1,500)  dollars  per 
annum  for  such  services.  There  shall  also  be  appropriated  the 
sum  of  three  thousand  (3,000)  dollars  per  annum  for  the  purpose 
of  defraying  the  expenses  of  said  appraisers  when  visiting  the 
different  portions  of  the  state  in  the  discharge  of  their  duties. 
(L.  1905,  p.  323,  sec.  10;  sec.  5170,  R.  S.  1908,  p.  1217.) 

Sec.  124.  Fees  chargeable — Disposition  of  fees  collected. — 
The  state  board  of  land  commissioners  is  hereby  authorized  and 
empowered  to  collect  the  fees  herein  fixed  for  the  issuance  of 
leases,  patents,  certificates  of  purchase,  right  of  way  deeds,  record- 
ing assignments,  making  township  plats,  filing  bonds,  and  for  the 
filing  of  all  documents  necessary  to  be  filed  in  said  office,  to-wit : 

Filing  application  to  lease f  .50 

Filing  application  to  purchase 50 

Accepting  and  approving  bond 1.00 

Issuing  lease,  each  160  acres  or  fraction  thereof. . .   1.00 
For  each  additional  160  acres  or  fraction  thereof  in 

the  same  lease  .  .50 


COLORADO  STATE  LAND  LAWS  45 

! 

For  issuing  patent  or  certificates  of  purchase,  each 

160  acres  or  fraction  thereof 2.00 

Assignment  fee  1.00 

Patent  for  town  lot,  one  or  more 2.00 

Eight  of  way  deeds,  easements,  etc 3.00 

For  issuing  permission  to  make  improvements  in 
excess  of  amount  allowed  by  the  terms  of  the 
lease 2.00 

Certified  copies  of  any  instrument  or  of  the  records  shall  be 
furnished  at  the  rate  of  20  cents  per  folio  and  $1.00  for  the 
certification. 

Each  application  for  lease  must  be  accompanied  by  the  ad- 
vertising fee  of  five  dollars,  and  the  filing  fee  of  fifty  cents. 

All  applications  for  purchase  must  be  accompanied  by  an 
appraisement  fee  of  ten  dollars  and  the  filing  fee  of  fifty  cents. 

If  the  board  orders  a  sale  to  be  made,  the  applicant  shall  be 
required  to  pay  an  advertising  fee  of  seventeen  dollars. 

All  township  plats  shall  be  furnished  at  fifty  cents  each. 

For  subdividing  mineral  lands  into  lots  of  ten  acres  each  for 
the  purpose  of  leasing  upon  the  application  of  any  person,  a 
deposit  of  ten  dollars  for  each  lot  shall  be  required. 

All  moneys  collected  by  the  state  register  and  deputy  in  pur- 
suance of  any  action  or  resolution  of  the  board,  shall  be  paid  into 
the  state  treasury. 

All  aforesaid  fees  shall  be  paid  in  advance  to  the  deputy 
register  and  be  transmitted  and  accounted  for  by  said  deputy  to 
the  register  of  the  board,  as  in  the  case  of  other  funds,  and  the 
said  register  shall  turn  the  same  into  the  state  treasury,  as  in 
the  case  of  moneys  collected  for  rent  and  partial  payments  on 
certificates  of  purchase.  And  it  shall  be  the  duty  of  the  state 
treasurer  to  receive  said  funds  and  credit  the  same  to  the  land 
commissioners'  cash  fund,  to  be  paid  out  by  him  on  warrants 
drawn  by  the  auditor  of  state.  It  shall  be  the  duty  of  said 
auditor  to  draw  warrants  against  said  fund  in  payment  of  such 
vouchers  as  may  be  audited  and  allowed  by  the  state  board  of 
land  commissioners  and  certified  to  by  the  governor  of  the  state 
and  the  register  of  the  state  board  of  land  commissioners.  (L. 
1905,  p.  323,  sec.  11;  sec.  5172,  K.  S.  1908,  p.  1217.) 

[For  fees  under  desert  land  act  see  section  92.] 

[Fees  for  appraisement  paid  in  advance.    Section  121.] 

This  section  cited  In  Re  Salaries  of  Commissioners  and  Employes  of 
State  Land  Board.  55  Colo., ;  133  Pac.,  140. 

Sec.  125.  Settlers'  improvements. — That  when  any  person 
hath  heretofore,  or  shall  hereafter  settle  upon  and  improve  any  of 
the  public  lands  which  have  been,  or  shall  hereafter  be,  donated 


46  COLORADO  STATE  LAND  LAWS 

by  act  of  congress  to  public  uses,  for  educational  or  other  pur- 
poses, and  upon  any  sale  of  such  lands  by  public  authority,  sub- 
sequent to  such  settlement  and  improvement,  if  the  person  settling 
upon  such  lands  shall  not  become  the  purchaser,  the  person  be- 
coming the  purchaser  of  such  lands  shall  pay  to  such  settler  the 
reasonable  value  of  his  improvements  thereon.  Whenever  the 
parties  can  not  agree  as  to  the  reasonable  value  of  such  improve- 
ments, the  same  shall  be  recoverable  by  an  action  of  assumpsit  in 
the  district  court  of  the  proper  county.  (L.  1905,  p.  324,  sec.  12; 
sec.  5173,  K.  S.  1908,  p.  1218.) 

Sec.  126.  Purchaser's  right  to  possession. — Nothing  herein 
contained  hall  be  construed  to  interfere  with  the  right  of  the  pur- 
chaser of  any  such  lands  to  the  immediate  possession  thereof, 
upon  the  completion  of  his  purchase.  (L.  1905,  p.  324,  sec.  13; 
sec.  5174,  K,  S.  1908,  p.  1218.) 

Sec.  127.  Lease  of  state  lands  by  land  board — Rental — Lease 
of  mineral  lands— Royalty— Term— Development  by  lessee.— The 
state  board  of  land  commissioners  may  lease  any  portion  of  the 
land  of  the  state,  at  a  rental  to  be  determined  upon  after  an  ex- 
amination of  the  land  by  an  appraiser,  except  as  hereinafter  pro- 
vided. The  lessee  shall  pay  the  annual  rental  of  [to]  the  state 
land  board,  who  shall  receipt  for  the  same  in  the  lease.  Upon 
receiving  such  annual  rental,  the  state  board  shall  immediately 
transmit  the  same  to  the  state  treasurer  and  take  his  receipt 
therefor.  If  stone,  coal,  oil,  gas  or  other  mineral  not  herein  men- 
tioned, be  found  upon  the  state  land,  such  land  may  be  leased  for 
the  purpose  of  obtaining  therefrom  the  stone,  coal,  oil,  gas  or 
other  mineral,  for  such  length  of  time,  and  conditioned  upon  the 
payment  to  the  state  board  of  such  royalty  upon  the  product  as 
the  state  board  of  land  commissioners  may  determine ;  Provided, 
further,  that  the  lessee,  within  a  reasonable  time,  as  determined 
by  the  state  board  of  land  commissioners,  shall  develop  such  land 
and  engage  in  actual  mining  and  operation  of  said  lease.  Failure 
to  do  so  shall  constitute  valid  cause  for  cancellation  of  said  lease. 
(Oh.  208,  fc.  L.  1909,  p.  504.) 

The  statutory  limitation  that  leases  shall  not  be  for  more  than  a 
certain  period  does  not  apply  to  stone,  gas  or  mineral  lands.  In  Re  State 
Lands,  18  Colo.,  367;  32  Pac.,  989.  Colo.  F.  &  I.  Co.  vs.  State  Land  Board 
14  Colo.  App.,  92,  96;  60  Pac.,  370. 

The  court  declined  to  answer  the  governor's  question  whether  the 
Board  has  the  power  to  extend  or  enlarge  a  mineral  lease  beyond  its 
original  terms.  In  Re  Leasing  State  Lands,  27  Colo.,  101 ;  60  Pac.,  345. 

Mandamus  lies  against  the  Board  to  compel  the  execution  of  a  con- 
tract of  lease  agreed  upon.  The  matter  of  terms  and  conditions  and  time 
of  a  coal  lease  is  wholly  within  the  discretion  of  the  Board.  Colo.  F.  &  I. 
Co.  vs.  State  Land  Board,  14  Colo.  App.,  91;  60  Pac.,  370. 

Cited  in  holding  that  the  Board  may  cancel  a  lease  procured  by  mis- 
representation. American  Sulphur  Co.  vs.  Brennan,  20  Colo.  App.,  442' 
79  Pac.,  751. 


COLORADO  STATE  LAND  LAWS  47 

Sec.  128.  Rent  payable  in  advance. — All  leases  of  state  or 
school  land  shall  be  conditional  upon  the  payment  of  rent  in 
advance  and  the  violation  of  this  condition  shall  work  a  forfeiture 
of  the  lease,  at  the  option  of  the  state  board  of  land  commission- 
ers, after  thirty  days'  notice  to  the  lessees,  such  notice  being  sent 
to  the  last  known  postoffice  address  of  lessee,  as  given  by  himself 
to  the  register  of  the  state  land  board.  (L.  1005,  p.  325,  sec.  15; 
sec.  5170,  B.  S.  1008,  p.  1210.) 

Sec.  129.  Term  of  lease — Renewal — Sale  under  lease. — No 
lease  of  state  or  school  land  for  grazing  purposes  shall  be  for  a 
longer  term  than  twenty  years,  and  no  lease  of  state  or  school 
land  for  agricultural  purposes  shall  be  for  a  longer  period  than 
ten  years,  except  as  hereinafter  provided. 

When  any  lease  expires  by  limitation,  the  holder  thereof  may 
renew  the  same  in  manner  as  follows:  At  any  time  within  the 
thirty  days  next  preceding  the  expiration  of  the  lease,  the  lessee, 
or  his  assigns,  shall  notify  the  register  of  his  desire  to  renew 
said  lease;  if  the  lessee  and  state  board  agree  as  to  the  valuation 
of  the  land,  a  new  lease  may  be  issued,  bearing  even  date  with 
the  expiration  of  the  old  one,  and  upon  like  conditions ;  Provided, 
always,  That  the  former  valuation  shall  not  be  decreased  without 
the  consent  of  the  state  board;  Prot>idcd,  That  nothing  in  this 
section  shall  prohibit  the  state  board  from  leasing  any  of  the 
state  lands  to  such  party  or  parties  as  shall  secure  to  the  state  the 
greatest  annual  revenue;  Provided,  further,  That  the  state  board 
may,  in  its  discretion,  offer  said  land  for  sale  at  the  end  of  any 
period  of  five  (5)  years,  during  the  term  of  said  lease,  upon  the 
same  terms  and  in  the  same  manner  as  though  said  lease  had  not 
been  executed.  (L.  1005,  p.  326,  sec.  16;  sec.  5177,  B.  S.  1008, 
p.  1210.) 

The  power  to  regulate  the  disposition  of  public  lands  is  exp'ressly 
reserved  to  the  legislature.  It  cannot  under  guise  of  regulation  take  from 
the  Board  all  power  of  disposition.  In  re  State  Lands,  18  Colo.,  360,  367; 
32  Pac.,  987. 

The  limitation  as  to  time  of  lease  is  valid,  but  does  not  apply  to  coal, 
stone,  etc.,  under  sec.  5175 — Id.  367.  Colo.  F.  &  /.  Co.  vs.  State  Land  Board. 
14  Colo.  App.,  92;  60  Pac.,  370. 

Cited  in  declining  to  answer  a  question  by  the  governor  as  to  the  right 
of  the  Board  to  extend  or  enlarge  mining  leases.  In  re  Leasing  State 
Lands,  27  Colo.,  102;  60  Pac.,  345. 

Sec.  130.  When  improvements  on  lands  to  be  leased — Board 
may  correct  mistakes  and  refund — May  cancel  leases,  when. — 
Should  any  one  apply  to  lease  any  of  the  lands  belonging  to  the 
state  upon  which  there  are  improvements  belonging  to  another 
party,  before  a  lease  shall  issue,  he  shall  file  in  the  office  of  the 
state  board  of  land  commissioners  a  receipt,  showing  that  the 
price  of  said  improvements,  as  agreed  upon  by  the  parties,  oi» 


48  COLORADO  STATE  LAND  LAWS 

fixed  by  the  state  board,  has  been  paid  to  the  owner  thereof  in 
full,  or  shall  make  satisfactory  proof  that  he  has  tendered  to  such 
owner  the  price  of  said  improvements  so  agreed  upon  or  fixed  by 
the  board.  If,  by  any  mistake  or  error,  any  money  has  been,  or 
shall  hereafter  be,  paid  on  account  of  any  sale  or  lease  of  state 
lands,  it  shall  be  the  duty  of  the  board  to  draw  a  voucher  in  favor 
of  the  party  paying  said  money;  and  on  presentation  of  such 
voucher  the  auditor  shall  draw  his  warrant  upon  the  state  treas- 
urer for  the  amount,  and  the  state  treasurer  shall  pay  the  same 
out  of  the  fund  into  which  such  money  was  deposited  or  placed. 
If,  through  any  fraud,  deceit  or  misrepresentation,  any  party  or 
parties  shall  procure  the  issuing  of  any  lease  for  state  lands,  the 
board  shall  have  the  authority  to  cancel  any  such  lease.  (L.  1905, 
p.  326,  sec.  17;  sec.  5178,  R.  S.  1908,  p.  1219.) 

[Application  to  cut  timber  on  state  land.     Sections  28-34.] 

The  authority  given  the  Board  to  cancel  leases  is  not  unconstitutional 
because  vesting  judicial  power,  but  the  action  of  the  Board  is  not  final. 
Am.  Sulphur  Co.  vs.  Brennan,  20  Colo.  App.,  442;  79  Pac.,  751. 

Sec.  131.  Leasing  and  sale  of  lands  in  cities. — Lands  within 
city  boundaries  may  be  leased  for  a  term  not  exceeding  fifty  years. 
All  such  leased  lands  shall  be  reappraised  and  classified  at  least 
every  five  years,  and  the  lessee  of  all  such  lands  shall  pay  any 
increased  rental  or  forfeit  the  land  so  held.  When  any^  lease 
expires  by  limitation  the  holder  thereof  may  renew  the  same  in 
manner  as  follows:  At  any  time  within  the  thirty  days  next 
preceding  the  expiration  of  the  lease,  the  lessee,  or  his  assigns, 
shall  notify  the  register  of  his  desire  to  renew  said  lease.  If  the 
lessee  and  the  state  board  of  land  commissioners  agree  as  to  the 
valuation  of  the  land,  a  new  lease  may  be  issued,  bearing  even 
date  with  the  expiration  of  the  old  one,  and  upon  like  conditions; 
Provided,  always.  That  the  former  valuation  shall  not  be  de- 
creased without  the  consent  of  the  state  board  of  land  commis- 
sioners; Provided,  That  nothing  in  this  section  shall  prohibit  the 
state  board  of  land  commissioners  from  leasing  any  of  the  state 
lands  to  such  party  or  parties  as  shall  secure  to  the  state  the 
greatest  annual  revenue;  Provided,  further,  That  the  state  board 
of  land  commissioners  may,  in  its  discretion,  offer  said  land  for 
sale  at  the  end  of  any  period  of  five  years,  upon  the  application 
of  the  lessee,  during  the  term  of  said  lease,  upon  the  same  terms 
and  in  the  same  manner  as  though  said  lease  had  not  been  exe- 
cuted. (L.  1905,  p.  326,  sec.  18;  sec.  5177,  E.  S.  1908,  p.  1219.) 

Sec.  132.  Trespassing  easements  —  Penalties  against  tres- 
passers.— All  corporations,  companies  or  persons  using  or  occupy- 
ing any  state  or  school  lands  without  lease,  and  all  corporations, 
companies  or  persons  who  shall  use  or  occupy  state  or  school 
.lands  for  more  than  thirty  days  after  the  cancellation  or  expira- 


COLORADO  STATE  LAND  LAWS  49 

tion  of  a  lease,  and  any  corporation,  company  or  person  who  shalJ 
construct  a  reservoir,  ditch,  railroad,  public  highway,  telegraph 
or  telephone  line,  or  in  any  manner  occupy  or  enter  upon  lands 
belonging  to  the  state  of  Colorado,  without  first  having  secured 
the  authority  and  permission  of  the  state  board  of  land  commis- 
sioners to  so  occupy  said  land  for  such  purpose,  shall  be  regarded 
as  trespassers,  and,  upon  conviction  thereof,  shall  be  fined  in  the 
sum  of  not  less  than  twenty-five]  (25)  dollars  and  not  more  than 
one  hundred  (1.00)  dollars,  and  each  day  shall  be  considered  a 
separate  offense,  and  in  each  case,  where  a  bond  has  been  fur- 
nished to  the  state  board  of  land  commissioners,  the  bondsmen 
of  the  lessee  shall  be  equally  liable  with  himself,  and  in  addition 
to  the  foregoing  penalty  the  state  shall  be  allowed  to  collect  as 
rental  for  the  use  of  such  lands  a  sum  equal  to  the  appraised 
value  thereof  for  rental  purposes,  as  fixed  by  an  appraiser  from 
the  state  board  of  land  commissioners,  and  which  value  shall  not 
be  less  than  five  cents  per  acre  per  annum.  All  suits  under  the 
provisions  of  this  act  shall  be  instituted  under  the  direction  of 
the  attorney  general  in  the  name  of  the  people  of  the  state  of 
Colorado.  (L.  1905,  p.  327,  sec.  19;  sec.  5180,  K,  S.  1908,  p.  1220.) 
Sec.  133.  Sale  of  school  lands — Auction — Minimum  price. — 
All  lands  granted  by  congress  to  the  state  for  the  support  of 
common  schools,  being  sections  sixteen  and  thirty-six,  and  all 
that  may  be  selected  in  lieu  of  said  sections,  are  hereby  with- 
drawn from  market,  and  the  sale  thereof  prohibited;  Provided, 
Parcels  of  hot  less  than  forty  (40)  acres  of  such  land  may  be 
sold  when  the  state  board  is  of  the  opinion  that  the  best  interests 
of  the  school  fund  will  be  served  by  offering  such  parcel  for  sale ; 
Provided,  -further,  That  such  land  shall  only  be  sold  at  public 
auction,  and  at  not  less  than  three  and  one-half  dollars  per  acre ; 
Provided,  That  school  lands  shall  not  be  offered  for  sale,  except 
upon  the  conditions  hereinafter  provided  for  the  sale  of  other 
state  lands.  (L.  1905,  ,p.  327,  sec.  20;  sec.  5181,  K.  S.  1908,  p. 
1220.) 

The  discretion  to  be  exercised  by  the  Board  in  the  sale  of  land  is  to 
be  exercised  in  its  collective  capacity.  Greenwood  C.  L.  Co.  vs.  Routt  17 
Colo.,  164;  28  Pac.,  1127. 

The  fact  that  the  Board  offered  land  for  sale  is  evidence  of 'the 
existence  of  the  condition  authorizing  the  exercise  of  its  powers.  Routt  vs. 
Greenwood  C.  L.  Co.,  18  Colo.,  137;  31  Pac.,  860. 

Under  sections  12-14,  Act  1887,  p.  332,  the  Board  had  power  to  sell  an 
irregular  tract  of  about  five  acres,  without  subdividing  it  into  lots  and 
blocks.  Peo.  vs.  G.  H.  Land  Co.,  51  Colo.,  260;  117  Pac.,  142. 

Sec.  134.  Platting  school  lands  into  lots — Sale, — The  state 
board  of  land  commissioners  may  cause  any  portion  of  the  state 
or  school  lands  to  be  laid  out  in  lots  and  blocks,  to  be  sold  from 
time  to  time,  at  public  auction,  to  actual  settlers  only,  or  to 


50  COLORADO  STATE  LAND  LAWS 

persons  who  shall  improve  the  same,  in  such  quantities  and  at 
such  times  as  shall  enable  the  state  to  realize  the  best  prices  for 
such  land,  and  such  land  shall  not  be  sold  except  in  lots  or  blocks, 
as  herein  provided.  (L.  1905,  p.  328,  sec.  21 ;  sec.  5182,  B.  S.  1008, 
p.  1220.) 

Sec.  135.  Sale  of  land  to  United  States  for  irrigation  projects. 
—Any  state  lands  needed  by  the  United  States  for  irrigation 
works,  other  than  right  of  way  for  roads,  bridges,  canals,  ditches, 
tunnels,  pipe  lines,  telephone  and  transmission  lines,  shall  be  sold 
to  the  United  States  at  a  price  not  1o  exceed  three  dollars  and 
fifty  cents  ($3.50)  per  acre,  and  the  state  board  of  land  commis- 
sioners shall  direct  the  governor,  secretary  of  state  and  register 
to  execute  and  sign,  as  provided  in  this  act,  on  behalf  of  the 
state,  a  proper  deed  or  other  instrument  of  writing  for  such  lands. 
(L.  1905,  p.  328,  sec.  22;  sec.  5183,  R.  S.  1908,  p.  1220.) 

Sec.  136.  Sale  of  state  lands  in  discretion  of  board  of  land 
commissioners — Exceptions — Settlers  —  Improvements — Advertis- 
ing" of  sales. — The  state  board  of  land  commissioners  may  at  any 
time  direct  the  sale  of  any  state  lands,  except  as  provided  in  this 
act,  in  such  parcels,  to  actual  settlers  only,  or  to  persons  who 
shall  improve  the  same,  as  they  shall  deem  for  the  best  interests 
of  the  state  and  the  promotion  of  the  settlement  thereof;  Pro- 
vided, That  no  lands  belonging  to  the  state,  within  the  areas  to 
be  irrigated  from  works  constructed  or  controlled  by  the  United 
States  or  its  duly  authorized  agents,  shall  hereafter  be  sold  except 
in  conformity  with  the  classification  of  farm  units  by  the  United 
States,  and  the  title  to  such  lands  shall  not  pass  from  the  state 
until  the  applicant  therefor  shall  have  fully  complied  with  the 
provisions  of  the  laws  of  the  United  States  and  the  regulations 
thereunder  concerning  the  acquisition  of  the  right  to  use  water 
from  such  works,  and  shall  produce  the  evidence  thereof  duly 
issued.  After  the  withdrawal  of  lands  by  the  United  States  for 
any  irrigation  project,  no  application  for  the  purchase  of  state 
lands  within  the  limits  of  such  withdrawal  shall  be  accepted, 
except  upon  the  conditions  prescribed  in  this  section.  All  sales 
under  this  act,  except  those  to  the  United  States,  shall  be  adver- 
tised in  four  consecutive  issues  of  some  weekly  paper  of  the 
county  in  which  such  land  is  situated,  if  there  be  such  paper; 
if  not,  then  in  some  paper  published  in  an  adjoining  county,  and 
in  such  other  papers  as  the  board  may  direct.  The  advertisement 
shall  state  the  time,  place  and  terms  of  sale,  and  the  minimum 
price  per  acre  fixed  by  the  board  of  each  parcel,  below  which  no 
bid  shall  be  received;  Provided,  That  in  all  cases  the  land  shall 
be  offered  in  legal  subdivisions  of  not  less  than  forty  (40)  acres, 
(unless  the  tract  offered  for  sale  shall  contain  less  than  forty  (40) 


COLORADO    STATE    LAND    LAWS  51 

acres,  in  a  contiguous  body,  in  which  event  the  land  shall  be  sold 
according  to  a  survey  made  thereof,  and  be  described  by  metes 
and  bounds),  or  more  than  one  hundred  and  sixty  (160)  acres; 
Provided,  That  sales  of  state  lands  shall  be  made  to  citizens  of 
the  United  States,  and  to  those  who  have  declared  their  intention 
to  become  such  only.  If  any  land  be  sold  on  which  surface  im- 
provements shall  have  been  made  by  a  lessee,  said  improvements 
shall  be  appraised  under  the  direction  of  the  state  board.  When 
lands  on  which  such  improvements  have  been  made  are  sold,  the 
purchasers,  if  other  than  the  owner  of  said  improvements,  shall 
pay  the  appraised  value  of  said  improvements  to  the  owner 
thereof,  taking  a  receipt  therefor,  and  he  shall  deposit  such  receipt 
with  the  state  board  before  he  shall  be  entitled  to  a  patent  or 
certificate  of  purchase.  All  such  receipts  shall  be  filed  and  pre- 
served in  the  office  of  the  state  board  of  land  commissioners. 
(Ch.  209,  S.  L.  1909,  p.  505.) 

The  Board  may  direct  the  Register  to  perform  all  the  details  incident 
to  a  sale  without  delegating  its  trust  functions.  Routt  vs.  Greenwood  C.  L. 
Co.,  18  Colo.,  137,  139;  31  Pac.,  860. 

A  complaint  by  the  State  to  cancel  a  patent  because  of  false  repre- 
sentation as  to  improvements  held  not  to  state  a  cause  of  action.  Appraise- 
ment of  improvements  is  not  a  condition  precedent  to  right  to  sell.  Peo.  vs. 
Tynon,  2  Colo.  App.,  131;  29  Pac.,  810.  , 

This  section  cited  in  an  action  upon  a  purchaser's  bond  given  under 
the  act  of  1877.  Peo.  vs.  Clough,  16  Colo.  App.,  125;  63  Pac.,  1069. 

Under  act  of  1887,  p.  333,  the  Board  had  discretion  in  fixing  the  place 
of  sale,  sufficient  showing  of  order  for  sale  elsewhere  than  at  capitol. 
Peo.  vs.  G.  H.  Land  Co.,  51  Colo.,  260;  117  Pac.,  141. 

Sec.  137.  Place  of  sales — Terms  of  payment — Certificate  of 
purchase — Patent. — All  sales  of  state  lands  shall  be  held  at  the 
state  capitol,  unless  otherwise  directed  by  the  state  board  of  land 
commissioners.  Terms  of  payment  shall  be  as  follows,  viz. : 
Timber  sales,  cash  on  the  day  of  sale;  on  lands  selling  for  three 
dollars  and  fifty  cents  to  twenty-five  dollars  per  acre,  10  per  cent, 
of  the  purchase  money  on  the  day  of  the  sale,  the  balance  in 
eighteen  equal  annual  payments,  at  6  per  cent,  per  annum. 
Lands  selling  at  more  than  twenty-five  dollars,  and  less  than 
seventy-five  dollars  per  acre,  20  per  cent,  cash  on  day  of  sale,  the 
balance  in  fourteen  equal  annual  payments,  at  7  per  cent,  per 
annum,  or  the  purchaser  may  make  full  payment  with  accrued 
interest  at  any  time.  Lands  selling  at  seventy-five  dollars  and 
upwards,  30  per  cent,  cash,  and  balance  in  seven  equal  annual 
payments,  at  7  per  cent,  interest,  or  the  purchaser  may  make 
full  payments  with  accrued  interest  at  any  time.  When  the  con- 
ditions hereinbefore  prescribed  have  been  complied  with,  the  state 
board  shall  make  and  deliver  to  the  purchaser  a  certificate  of 
purchase,  containing  the  name  of  the  purchaser,  a  description  of 
the  land  purchased,  the  sum  paid,  the  amount  remaining  due, 


52  COLORADO  STATE  LAND  LAWS 

and  the  date  at  which  each  of  the  deferred  payments  falls  due, 
and  the  amount  thereof;  such  certificate  shall  be  signed  by  the 
governor  and  countersigned  by  the  register,  and  a  record  of  the 
same  kept  by  him  in  a  suitable  book.  Whenever  a  purchaser  of 
any  state  land  has  complied  with  all  the  conditions  of  the  sale, 
and  paid  all  purchase  money  with  the  lawful  interest  thereon,  he 
shall  receive  a  patent  for  the  land  purchased;  such  patent  shall 
be  signed  by  the  governor,  attested  by  the  secretary  of  state,  and 
countersigned  by  the  register,  and  have  the  great  seal  of  the 
state  and  the  seal  of  the  state  board  of  land  commissioners  there- 
to attached ;  and  when  so  signed,  such  patent  shall  convey  a  good 
and  sufficient  title  in  fee  simple;  Provided,  That  no  patent  shall 
be  issued  for  less  than  forty  acres,  except  for  town  lots ;  Provided, 
That  the  governor  and  register  shall  be  authorized  to  issue  cer- 
tificates of  purchase  in  lieu  of  receipts  temporarily  issued  subse- 
quent to  April  17,  1899,  for  money  paid  on  account  of  lands  here- 
tofore sold  by  the  state  board  of  land  commissioners  under  exist- 
ing law,  and  patents  in  lieu  of  final  receipts  so  issued  during  the 
same  period  on  account  of  payment  in  full  for  lands  sold,  on 
presentation  of  such  receipt  by  the  legal  owners  thereof.  (L.  1905, . 
p.  329,  sec.  24;  sec.  5185,  K.  S.  1908,  p.  1221.) 

Mandamus  is  the  proper  remedy  in  case  of  a  refusal  to  execute  and 
deliver  a  patent.  Greenwood  G.  L.  Co.  vs.  Routt,  17  Colo.,  164;  28  Pac.,  1127. 

This  section  cited  in  an  action  upon  a  purchaser's  bond  given  under 
the  act  of  1877.  Peo.  vs.  Clough,  16  Colo.  App.,  125;  63  Pac.,  1069. 

Sec.  138.  Defaulting  purchasers — Forfeiture. — Whenever  any 
purchaser  of  land  shall  default  for  a  period  of  thirty  days  in  any 
of  the  payments  of  either  principal  or  interest  due  upon  the  cer- 
tificate of  purchase  issued  to  him,  said  certificate  may  be  forfeited 
and  the  lands  reverted  to  the  state  of  Colorado  upon  a  notice  to 
that  effect  mailed  to  the  last  known  postoflfice  address  of  said 
purchaser,  and  which  notice  shall  allow  him  thirty  days  addi- 
tional in  which  to  pay  the  indebtedness  to  the  state.  (L.  1905,  p. 
330,  sec.  25;  sec.  5186,  K.  S.  1908,  p.  1221.) 

This  section  cited  in  an  action  upon  a  purchaser's  bond  given  under 
the  act  of  1877.  Peo.  vs.  Glough,  16  Colo.  App.,  125;  63  Pac.,  1069. 

Sec.  139.  Re-sale  of  forfeited  land. — If  any  purchaser  of  state 
land,  after  receiving  a  certificate  of  purchase,  as  provided  in 
section  24  of  this  act,  fails  to  make  any  one  of  the  payments 
stipulated  therein,  and  the  same  remains  unpaid  for  thirty  days 
after  the  time  when  it  should  have  been  paid,  as  specified  in  such 
certificate,  the  state  board  of  land  commissioners  may  sell  the 
lands  again;  Provided,  That,  in  case  of  a  sale,  all  previous  pay- 
ments made  on  account  of  such  land  shall  be  forfeited  to  the 
state;  the  land  shall  revert  to  the  state,  and  the  title  thereof  shall 


COLORADO  STATE  LAND  LAWS  53 

be  in  the  state,  as  if  no  sale  had  ever  been  made.     (L.  1905,  p.  330, 
sec.  26;  sec.  5187,  R.  S.  1908,  p.  1221.) 

[Section  24  above  referred  to  is  section  137.] 

Cited  in  holding  that  land  sold  under  the  act  of  1889  was  not  taxable 
while  title  was  vested  in  that  state.  Colo.  Farm  etc.  Co.  vs.  Beerlohm, 
43  Colo.,  467;  96  Pac.,  445. 

Sec.  140.  Payments,  where  made — Venue  of  action  to  recover. 
— All  moneys  due  and  payable  to  the  state  board  of  land  com- 
missioners shall  be  paid  at  the  office  of  the  state  board  of  land 
commissioners  in  the  state  capitol  in  the  city  and  county  of  Den- 
ver, Colorado,  and  all  actions  for  the  recovery  of  same,  or  for  the 
cancellation  of  certificates  of  purchase,  or  for  the  cancellation  of 
leases,  or  for  the  recovery  of  the  possession  of  the  land,  actions  of 
forcible  entry  and  detainer,  or  ejectment,  shall  be  brought  in  any 
court  of  competent  jurisdiction  in  the  city  and  county  of  Denver, 
in  the  state  of  Colorado.  (L.  1905,  p.  330,  sec.  27;  sec.  5188,  R.  S. 
1908,  p.  1222.) 

Sec.  141.  Bond  of  purchaser  or  lessee. — When,  in  the  judg- 
ment of  the  state  board,  a  bond  by  the  purchaser  of  state  lands  is 
necessary,  the  state  board  shall  require  such  purchaser  to  give  a 
bond,  upon  such  conditions  as  the  board  may  determine.  In  leas- 
ing state  lands,  the  state  board  shall  require  of  the  lessee  such  a 
bond  as  shall  secure  the  state  against  loss  or  waste,  or  occupation 
of  the  land  for  more  than  thirty  days  after  the  cancellation  or 
expiration  of  the  lease  of  said  lessee,  unless  the  said  lessee  be- 
comes the  purchaser  of  the  land,  and  in  no  case  shall  the  lessee 
be  allowed  to  cut  or  use  more  timber  than  shall  be  necessary  for 
the  improvement  of  the  land  or  for  fuel  for  the  use  of  the  family 
of  the  lessee,  and  the  cutting  and  hauling  of  timber  to  sawmills, 
to  be  sawed  on  the  shares,  is  expressly  prohibited.  (L.  1905,  p. 
331,  sec.  28;  sec.  5189,  K.  S.  1908,  p.  1222.) 

A  condition  in  a  bond  to  comply  with  the  terms  of  the  certificate  of 
purchase  makes  the  certificate  a  part  of  the  bond.  Peo.  vs.  ClougJi,  16  Colo. 
App.,  125;  63  Pac.,  1069. 

Sec.  142.  Lost  certificate  of  purchase — When  new  one  issued. 
—Whenever  a  certificate  of  purchase  shall  be  lost  or  wrongfully 
withheld  by  any  person  from  the  owner  thereof,  the  state  board 
of  land  commissioners  may  receive  evidence  of  such  loss  or  wrong- 
ful detention,  and  upon  satisfactory  proof  of  the  fact,  may  cause 
a  certificate  of  purchase  or  patent,  as  the  case  may  be,  to  issue  to 
such  person  as  shall  appear  to  them  to  be  the  proprietor  of  the 
land  described  in  the  original  certificate  of  purchase.  (L.  1905, 
p.  331,  sec.  29;  sec.  5190,  R,  S.  1908,  p.  1222.) 

Sec.  143.  Board  may  determine  adverse  claims.— The  state 
board  of  land  commissioners  may  hear  and  determine  the  claims 
of  all  persons  who  may  claim  to  be  entitled  in  whole  or  in  part, 


54  COLORADO  STATE  LAND  LAWS 

to  any  lands  owned  by  this  state,  and  the  decisions  of  said  board 
shall  be  held  to  be  final,  until  set  aside  by  a  court  of  competent 
jurisdiction;  and  the  board  shall  also  have  power  to  establish 
such  rules  and  regulations,  as  in  their  opinion  may  be  proper,  to 
prevent  fraudulent  applications.  (L.  1905,  p.  331,  sec.  30;  sec. 
5191,  R.  S.  1908,  p.  1222.) 

Sec.  144.  Lands  sold,  subject  to  taxation — Assessor  notified. 
— All  lands  sold  under  the  provisions  of  this  act,  or  any  interest 
therein,  shall  be  subject  to  taxation,  and  the  register  of  the  state 
board  of  land  commissioners  shall  furnish  to  the  county  assessor 
of  each  county  on  the  first  day  of  May  of  each  year  a  list  of  the 
equities  owned  or  acquired  in  all  lands  so  sold,  to  whom  sold,  the 
price  per  acre  and  the  amount  paid.  (L.  1905,  p.  331,  sec.  31; 
sec.  5192,  R.  S.  1908,  p.  1222.) 

The  act  of  1877  and  amendment  of  1889,  p.  313,  exempting  lands  from 
taxation  while  title  was  vested  in  the  State  was  constitutional.  Injunc- 
tion lies  to  prevent  sale  of  such  land  for  taxes.  Colo.  Farm  etc.  Go.  vs. 
Beerbohm,  43  Colo.,  471;  96  Pac.,  445.  Gale  vs.  Beerbohm,  43  Colo.,  521; 
96  Pac.,  449. 

Sec.  145.  Taxes — Revenue — Assessor  and  Assessment — Defi- 
nition of  terms. — "Whenever  the  terms  mentioned  in  this  section 
are  employed  in  this  act,  they  are  employed  in  the  sense  herein- 
after affixed  to  them. 

The  term  "real  estate"  includes,  first,  all  land  or  interests  in 
lands  within  the  state  to  which  title  or  the  right  to  title  has  been 
acquired  from  or  ratified  by  the  government  of  the  United  States, 
or  from  the  state ;  Provided,  That  all  equities  in  state  and  school 
lands  purchased  under  contract  taken  "from  the  state  shall,  during 
the  life  of  the  contract,  be  taxed  at  their  full  cash  value  and  that 
all  improvements  thereon  be  taxed  at  their  full  cash  value.  Sec- 
ond, all  mines,  minerals  and  quarries  in  and  under  the  land,  and 
all  rights  and  privileges  appertaining  thereto;  third,  improve- 
ments. 

The  term  "improvements"  includes  all  buildings,  water  rights, 
structures,  fixtures,  and  fences  erected  upon  or  affixed  to  land, 
whether  title  has  been  acquired  to  said  land  or  not. 

The  term  "personal  property"  includes  everything  which  is 
the  subject  of  ownership,  whether  tangible  or  intangible,  and  not 
included  within  the  term  "real  estate." 

The  term  "credit"  includes  every  claim  and  demand  for 
money,  labor  or  other  valuable  thing,  and  every  annuity  or  sum 
of  money  receivable  at  stated  periods;  but  pensions  from  the 
United  States,  and  salaries  and  payments  expected  for  services 
to  be  rendered,  are  not  included  in  the  above  term. 


COLORADO  STATE  LAND  LAWS  55 

The  term  "intangible  property"  shall  include  rights,  credits, 
franchises,  special  privileges  and  special  advantages  attendant 
upon  or  derivable  under  contract  rights  having  a  value  for  the 
purposes  of  income  or  sale  of  itself,  or  in  connection  with  other 
property.  (Ch.  134,  S.  L.  1913,  p.  529.) 

Sec.  146.  No  tax  on  reverted  land. — In  case  any  lands  sold 
under  the  provisions  of  this  act  are  reverted  to  the  state  of  Colo- 
rado for  any  cause  whatsoever  the  register  of  the  state  board  of 
land  commissioners  shall  at  once  notify  the  county  treasurer  of 
the  county  in  which  the  land  is  situated,  and  upon  receipt  of 
such  notice  it  shall  be  the  duty  of  the  county  treasurer  to  at  once 
rebate  all  taxes  that  have  been  charged  against  the  lands  so  re- 
verted. (L.  1905,  p.  332,  sec.  32;  sec.  5193,  R,  R.  1908,  p.  1222.) 

Sec.  147.  Funds  arising  from  sale  of  school  lands. — The  funds 
arising  from  the  sale  of  public  school,  university  and  agricultural 
college  lands,  shall  be  held  intact  for  the  benefit  of  the  funds  for 
which  such  lands  were  granted,  and  shall  be  known  as  permanent 
funds,  and  the  interest  and  rentals  only  shall  be  expended  for 
the  purposes  of  the  grant.  The  funds  arising  from  the  sale, 
leasing  and  income  of  all  other  state  lands  shall  be  disposed  of 
as  shall  be  provided  by  law,  but,  in  the  absence  of  any  other  pro- 
vision, may  be  invested  in  the  same  manner  as  the  school  fund. 
(L.  1905,  p.  332,  sec.  33;  sec.  5194,  R.  P.  1908,  p.  1222.) 

[See  also  sections  6957-6958,  R.  S.  1908.] 

Cited  In  re  Salaries  of  Commissioners  and  Employes  of  State  Land 
Board.  55  Colo., ;  133  Pac.,  140. 

Sec.  148.  Funds  arising  from  leasing  school  lands. — All 
moneys  arising  from  the  leasing  of  agricultural  college,  university 
or  public  school  lands  which  are  now,  or  may  hereafter  be,  re- 
ceived by  the  state  treasurer,  shall  be  treated  in  all  respects  in 
the  same  manner  as  is  provided  by  law  for  the  disposition  of  the 
interest  on  the  proceeds  arising  from  the  sale  of  the  same  class 
of  lands.  (L.  1905.  p.  332.  sec.  34;  sec.  5195,  R.  S.  1908.  n.  1222.) 

Cited  In  re  Salaries  of  Commissioners  and  Employes  of  State  Land 
Board.  55  Colo.,  . . . . ;  133  Pac.,  140. 

Sec.  149.  Rights  of  way  across  state  lands,  reservoirs,  ditches, 
etc. — Reversion  of  lands  to  state  on  cessation  of  use. — The  state 
board  of  land  commissioners  may  grant  the  right  of  way  across 
or  upon  any  portion  of  state  land,  upon  such  terms  as  the  board 
shall  determine  for  any  ditch,  reservoir,  railroad,  public  highway, 
telegraph  or  telephone  line,  and  may  grant  land  for  the  purpose 
of  building  district  school  houses,  (the  establishment  or  enlarge- 
ment of  state  institutions  for  the  use  of  any  charitable  or 
eleemosynary  institution),  and  may  direct  the  governor,  secretary 
of  state  and  register  to  execute  and  sign  as  provided  by  this  act 


56  COLORADO  STATE  LAND  LAWS 

on  behalf  of  the  state,  a  proper  deed  or  other  instrument  of  writ- 
ing, for  such  right  of  way  or  grant;  Provided,  That  this  section 
shall  not  be  construed  to  grant  authority  to  convey  any  such  land, 
except  for  the  purposes  above  set  forth;  and,  Provided,  further, 
That  whenever  lands  granted  for  any  of  the  purposes  mentioned 
in  this  section  shall  cease  to  be  used  for  such  purposes,  said  lands 
shall  revert  to  the  state  of  Colorado,  upon  notice  to  that  effect 
being  served  at  their  last  known  post  office  address  upon  the  person 
to  whom  such  grant  was  made.  The  right  of  way  is  hereby  given, 
dedicated  and  set  apart,  to  the  United  States,  to  locate,  construct 
and  maintain  such  roads,  bridges,  canals,  ditches,  tunnels,  pipe 
lines,  telephone  and  transmission  lines  as  may  be  constructed 
for  the  purpose  of  irrigation,  by  authority  of  the  United  States, 
over  and  through  any  of  the  lands  which  are  now,  or  may  be, 
the  property  of  the  state.  All  conveyances  of  state  lands  here- 
after made  shall  contain  a  reservation  of  such  rights  of  way. 
(Ch.  207,  S.  L.  1909,  p.  502.) 

[This  section  supersedes  L.  '89,  p.  331,   section  1,   which  amended  L.  '87,   p. 
336,    section  32.] 

[Rig-ht  of  way  for  ditches.     Section  3465,  R.  S.  1908.] 

[Right  of  way  for  pipe  line  and  telegraph  line.     Section  2452,  R.  S.  1908.] 

Sec.  150.    Sales  of  arid  land  to  secure  irrigation  on  other  land. 

For  the  purpose  of  furnishing  irrigation  for  state  lands,  the  state 
board  of  land  commissioners  is  hereby  authorized,  when,  in  their 
judgment,  the  interests  of  the  state  may  be  subserved  thereby,  to 
sell  at  public  sale,  at  such  place  as  the  board  may  fix,  at  not  less 
than  the  appraised  value  thereof,  which  in  no  case  shall  be  less 
than  the  minimum  price  of  three  dollars  and  fifty  cents  ($3.50) 
per  acre,  any  tract  of*arid  land  belonging  to  the  state;  Provided, 
That  not  more  than  one-half  section  of  land  shall  be  sold,  and  in 
alternate  half-sections,  to  any  responsible  person  or  persons,  on 
condition  that  said  person  or  persons  construct  an  irrigating 
ditch  in  such  locality,  and  of  sufficient  capacity  to  furnish  water 
for  the  entire  tract,  and  so  located  that  said  tract  may  be  irri- 
gated therefrom ;  Provided,  That  before  any  of  the  state  lands 
shall  be  offered  for  sale,  the  party  desiring  to  purchase  said  lands 
and  construct  a  ditch  shall  enter  into  a  contract  with  the  board 
guaranteeing  to  bid  at  least  the  minimum  price  per  acre,  and  to 
complete  such  ditch  within  given  time,  which  time  shall  be  fixed 
by  the  board  in  the  contract.  The  contract  shall  further  provide 
that  the  party  constructing  such  ditch  shall  furnish  water  for  the 
remaining  one-half  of  the  state  lands  at  such  reasonable  rates 
as  the  board  and. the  parties  building  such  ditch  or  canal  may 
agree  upon.  Such  contract  shall  be  drawn  by  the  attorney  gen- 
eral, and  signed  by  the  governor  and  register  of  the  board,  and  by 
the  party  desiring  to  construct  such  ditch  ;  And,  provided,  further, 


COLORADO    STATE    LAND    LAWS  57 

That  if  any  person,  other  than  the  person  making  application  for 
the  purchase  of  said  lands  shall  be  the  highest  bidder  at  the  public 
sale  thereof,  such  bidder  shall,  within  such  reasonable  time  as 
the  board  may  fix,  enter  into  a  contract  and  bond,  as  required  by 
the  provisions  of  this  act,  for  the  construction  of  said  ditch,  and 
for  the  furnishing  of  water  therefrom;  and  in  the  event  of  his 
failure  to  furnish  a  satisfactory  bond  and  enter  into  the  said 
contract  within  the  time  fixed,  then  such  bid  shall  be  disregarded 
and  such  public  sale  shall  be  void  and  of  no  effect.  The  board 
shall  make  the  sale  upon  like  conditions  as  other  state  lands  are 
sold,  and  shall  require  a  good  and  sufficient  bond  from  the  party 
desiring  to  construct  such  ditch,  conditioned  for  the  faithful  per- 
formance of  the  contract  and  the  conditions  of  the  sale.  And  in 
no  case  shall  the  title  of  any  of  said  lands  pass  from  the  state 
until  the  ditch  shall  have  been  completed  and  accepted  by  the 
board.  (L.  1905,  p.  333,  sec.  36;  sec.  5197,  K.  S.  1908,  p.  1223.) 

Sec.  151.  Investment  of  funds  arising  from  sales — Irrigation 
bonds  —  Loans. — All  purchase  moneys  arising  from  the  sale  of 
lands  shall  be  paid  by  the  register  of  the  state  board  of  land  com- 
missioners to  the  state  treasurer,  who  shall  receipt  for  same,  and 
the  sum  shall  be  by  him  credited  to  the  permanent  fund  to  which 
the  land  belonged.  All  interest  on  purchase  money  and  all  rents 
received  from  lands  leased  shall  be  paid  by  the  register  of  the 
state  board  to  the  state  treasurer,  and  by  him  credited  to  the 
income  fund  to  which  the  land  belonged.  All  such  funds,  whether 
permanent  or  income,  unless  otherwise  disposed  of  by  law,  shall 
be  invested:  In  the  bonds  of  the  state  of  Colorado;  in  interest- 
bearing  warrants  of  the  state  of  Colorado;  Provided,  That  such 
bonds  or  warrants  shall  be  purchased  only  at  a  price  not  to  ex- 
ceed the  par  value  of  same,  and  the  interest  only  shall  be  used 
for  the  purpose  for  which  the  grant  was  made ;  as  directed  by  the 
state  board  of  land  commissioners,  such  funds  shall  be  invested 
in  the  legally  issued  bonds  of  such  irrigation  districts  as  may  be 
lawfully  organized  within  the  state  of  Colorado;  Provided,  That 
such  bonds  shall  be  made  by  law  a  first  lien  against  the  real  estate 
comprising  such  district;  Provided,  further,  That  the  proceedings 
relating  to  the  issue  of  such  bonds  shall  have  been  examined,  ap- 
proved and  confirmed  as  by  law  provided;  And,  provided,  further, 
That  the  state  board  of  land  commissioners  shall  not  authorize 
the  treasurer  to  purchase  more  than  ten  per  cent.  (10%)  of  the 
total  issue  of  such  bond  in  any  one  irrigation  district,  as  follows : 
The  state  board  of  land  commissioners  shall  be  authorized  to 
enter  into  a  contract  with  the  board  of  directors  of  an  irrigation 
district;  which  contract  shall  provide  that  the  treasurer  of  the 
state  of  Colorado  shall  purchase  the  said  amount  of  such  bonds 


58  COLORADO  STATE  LAND  LAWS 

when  the  state  engineer  shall  certify  to  said  board  that  the  system 
of  reservoirs,  ditches  or  other  irrigation  works  of  said  district, 
for  the  construction  of  which  said  bonds  were  voted,  have  been 
fully  completed,  and  a  sufficient  water  supply  secured  to  success- 
fully operate  same. 

Permanent  funds  remaining  uninvested  as  above  provided, 
shall  be  loaned  out  by  the  treasurer  at  the  direction  of  the  state 
board  of  land  commissioners  in  sums  of  one  thousand  dollars  or 
less  to  one  person  or  company,  in  case  it  is  found  impracticable 
to  keep  the  whole  amount  of  funds  loaned  in  sums  of  five  hundred 
dollars  or  less  to  one  person  or  company.  In  the  event  that  such 
permanent  funds  can  be  kept  loaned  out  in  sums  of  five  hundred 
dollars  or  less  to  one  person  or  company,  then  no  loan  shall  exceed 
five  hundred  dollars,  nor  shall  a  loan  of  such  fund  or  funds  be 
made  to  or  in  the  interest  of  any  member  of  the  state  board  of 
land  commissioners ;  each  loan  shall  be  made  for  at  least  one  and 
not  more  than  five  years,  evidenced  by  promissory  notes  bearing 
six  per  cent,  interest,  payable  semi-annual ly,  and  delinquent  in- 
terest shall  draw  the  rate  of  seven  per  cent,  per  annum,  said  prom- 
issory note  to  be  secured  by  a  deed  of  trust  on  unincuinbered  real 
estate  for  at  least  double  the  sum  borrowed,  situated  in  the  county 
in  which  the  loan  is  made,  and  appraised  as  hereinafter  provided. 
(L.  1905,  p.  334,  sec.  37;  sec.  5198,  R.  S.  1908,  p.  1223.) 

Sec.  152.  Applications  for  loans  —  Protecting  loans. — All 
applications  to  borrow  from  the  permanent  school  fund  shall  be 
made  through  the  board  of  county  commissioners  to  the  register 
of  the  state  board  of  land  commissioners  upon  a  blank  form  pro- 
vided for  that  purpose,  who  shall  cause  the  proper  appraisement 
to  be  made  by  the  board  of  county  commissioners  as  hereinafter 
provided,  and,  if  satisfactory,  he  shall  examine  any  abstract  of 
title  which  the  proposed  borrower  may  submit,  or  he  may  cause 
an  abstract  to  be  prepared  at  such  borrower's  expense.  If  the 
title  is  found  to  be  perfect  and  the  lands  unincumbered,  he  shall 
certify  this  fact  to  the  state  board  of  land  commissioners  and 
submit  the  application  and  all  the  papers  connected  therewith  to 
the  board  at  its  regular  meeting,  at  which  meeting  the  loan  shall 
be  approved  or  disapproved.  If  the  application  is  accepted,  the 
register  of  the  state  board  of  land  commissioners  shall  complete 
the  contract  by  taking  a  promissory  note,  payable  to  the  state 
board  of  land  commissioners,  secured  by  a  deed  of  trust,  upon 
such  unincumbered  real  estate,  and  shall  certify  same  to  the 
state  treasurer,  who  shall  pay  over  to  the  borrower  the  amount 
named  in  the  note.  The  board  may  reject  the  application  for  any 
good  cause.  If  it  shall  happen  that  the  loan  is  made  upon  real 
estate  which  is  in  fact  incumbered  other  than  for  taxas,  the  board 


COLORADO  STATE  LAND  LAWS  59 

of  land  commissioners  may,  when  necessary  for  the  safety  of  the 
loan,  appropriate  out  of  the  fund  from  which  the  loan  is  made, 
if  such  incumbrance  does  not  exceed  one-half  of  the  real  value  of 
the  lands,  so  much  as  may  be  needed  to  take  up  and  purchase  the 
same,  and  may  also,  at  any  meeting,  by  resolution,  assign,  without 
recourse,  upon  payment  of  the  amount  due  upon  any  note  and 
deed  of  trust,  to  any  person  holding  a  subsequent  lien  upon  the 
real  estate  held  as  security  by  said  board.  (L.  1905,  p.  335,  sec. 
38;  sec.  5199,  R.  S.  1908,  p.  1224.) 

Sec.  153.  Report  of  loan  to  county  commissioners — Deprecia- 
tion of  security. — Each  loan  made  in  the  several  counties,  when 
fully  completed,  shall  be  reported  by  the  register  of  the  state 
board  of  land  commissioners  to  the  board  of  county  commission- 
ers of  the  county  in  which  the  real  estate  and  land  offered  as 
security  are  situated,  and  in  which  the  loan  is  made,  and  a  minute 
of  such  report  shall  be  entered  upon  the  records  of  such  board 
and  from  time  to  time,  at  least  once  a  year,  all  loans,  with  the 
security  given,  shall  be  carefully  examined,  and  a  report  made  to 
the  state  board  of  land  commissioners,  which  examination  shall 
be  conducted  by  a  member  of  the  board  of  county  commissioners, 
or  some  competent  person  selected  by  it.  When  a  report  shows  that 
the  security  in  a  given  case  has,  for  any  cause,  depreciated  so  that 
it  is  no  longer  sufficient, or  it  appears  that  there  was  a  prior  incum- 
brance thereon  which  materially  affects  the  value  of  the  security, 
the  state  board  of  land  commissioners  shall  order  the  debtor  to 
furnish  additional  security,  and  shall  fix  a  reasonable  time  within 
which  the  same  shall  be  given,  and  if  the  party  so  ordered  fails 
to  comply  therewith  for  thirty  days  after  the  date  of  such  order, 
and  the  mailing  of  a  copy  of  same  to  his  last  known  postoffice 
address,  the  entire  debt  shall  become  due,  and  an  action  may  be 
brought  to  enforce  the  collection  thereof,  and  these  provisions 
shall  enter  into  and  form  a  part  of  the  contracts  of  loans,  whether 
incorporated  therein  in  words  or  not.  (L.  1905,  p.  336,  sec.  39; 
sec.  5200,  R,  S.  1908,  p.  1225.) 

Sec.  154.  Application  for  loan  referred  to  county  commis- 
sioners.— When  application  is  made  for  a  loan  as  herein  provided, 
the  register  of  the  state  board  of  land  commissioners  shall  refer 
said  application  to  the  board  of  county  commissioners  of  the 
county  in  which  the  land  is  situated  which  is  offered  as  security 
for  said  loan,  which  board  shall  cause  an  appraisement  to  be 
made  of  the  valuation  of  said  land  and  the  buildings  thereon,  and 
shall  certify  to  the  register  of  the  state  board  of  land  commis- 
sioners the  valuation  of  same,  together  with  a  recommendation  as 
to  the  sufficiency  of  the  security,  the  character  of  the  applicant. 


60  COLORADO  STATE  LAND  LAWS 

and  the  advisability  of  making  said  loan.     (L.  1905,  p.  337,  sec. 
40;  sec.  5201,  B.  S."  1908,  p.  1225.) 

Sec.  155.  Renewals  of  loans. — When  a  loan  has  been  made 
and  the  borrower  desires  to  renew  the  same  for  one  or  more  years, 
it  may  be  done  in  the  same  manner  as  the  loan  was  made  in  the 
first  instance,  but  no  new  abstract,  except  a  continuation  of  the 
same  down  to  the  time,  nor  examination  of  title  prior  to  the 
original  loan,  nor  new  deed  of  trust  need  be  given,  unless  the  deed 
of  trust  is  to  be  given  upon  other  lands.  The  time  of  payment, 
without  further  security,  may  be  extended  in  writing  to  be  re- 
corded as  the  original  security  was  recorded,  and  before  maturity 
of  the  claim  when  the  state  board  of  land  commissioners  shall  s 
order,  but  such  extension  of  time  shall  not  operate  to  release  any 
security  held,  and  lapse  of  time  shall  in  no  case  be  a  bar  to  any 
action  to  recover  any  part  of  the  school  or  other  permanent  fund 
so  loaned,  nor  shall  it  prevent  the  introduction  of  evidence  in  sue! 
action,  any  provision  of  the  law  to  the  contrary  notwithstanding. 
(L.  1905,  p.  337,  sec.  41;  sec.  5202,  B.  S.  1908,  p.  1225.) 

Sec.  156.  Payments  on  loans — Permanent  fund  accounts. — 
All  payments  of  either  principal  or  interest  upon  loans,  or  of  any 
other  character,  shall  be  made  to  the  register  of  the  state  board 
of  land  commissioners,  and  when  the  debt  is  fully  paid  the  reg- 
ister of  said  board  shall  release  any  deed  of  trust,,  or  issue  certi- 
ficate of  purchase  or  patent,  as  the  case  may  be,  and  report  the 
same  to  the  state  board  of  land  commissioners  at  its  next  meeting, 
which  report  shall  be  carried  into  the  records  of  the  board.  The 
register  of  the  state  board  of  land  commissioners  shall  also  keep 
in  his  office,  in  books  to  be  provided  for  that  purpose,  accounts  to 
be  known  as  "Permanent  fund  accounts,"  in  which  a  memoran- 
dum of  all  notes,  mortgages,  deeds  of  trust,  bonds,  money  and 
assets  of  every  kind  and  description  which  may  come  into  his 
hands  as  such  register  shall  be  entered  and  separated  accounts  of 
principal  and  interest  must  be  kept.  (L.  1905,  p.  337,  sec.  42; 
sec.  5203,  K.  S.  1908,  p.  1225.) 

Sec.  157.  Loans  to  be  apportioned  annually  to  each  county. — 
The  state  treasurer  and  the  state  superintendent  of  public  in- 
struction shall,  on  the  first  day  of  January  of  each  year,  appor- 
tion upon  the  basis  of  the  school  population  of  each  county,  as 
ascertained  by  the  last  preceding  census,  the  amount  of  money 
from  each  of  the  various  permanent  funds  to  be  loaned  in  com- 
pliance with  this  act  in  each  county  in  the  state,  and  shall  certify 
the  same  to  the  register  of  the  state  board  of  land  commissioners, 
who  shall  certify  the  same  to  the  county  commissioners  of  each 
county,  and  it  shall  be  the  duty  of  said  county  commissioners, 


COLORADO    STATE    LAND    LAWS  61 

upon  application  from  any  citizen  or  citizens  of  said  county,  i 
inform  him  or  them  of  the  amount  to  be  so  loaned,  and  the  terms 
thereof.     (L.  1905,  p.  338,  sec.  43;  sec.  5204,  R.  S.  1908,  p.  1225.) 

Sec.  158.     County  record  of  loan  fund. — The  county  commis- 
sioners of  each  and  every  county  in  the  state  of  Colorado  sh 
keep  a  .set  of  account  books,  showing  the  amount  of  money  s 
aside  to  be  loaned  in  their  respective  counties  from  the  permanent 
funds  under  the  control  of  the  state  treasurer,  the  amount  loaned 
and  interest  due  thereon,  and  shall  keep  a  record  of  all  reports 
made  upon  such  loans  or  applications  for  loans  passing  through 
the  hands  of  the  board  of  county  commissioners.    (L.  1905,  p.  3)1 
sec.  44;  sec.  5205,  B.  S.  1908,  p.  1226.) 

Sec.  159.  Transfer  of  unloaned  fund  to  other  counties. — 
When  there  are  funds  in  the  hands  of  the  state  treasurer  belong- 
ing to  any  of  the  permanent  funds  which  have  been  set  apart  for 
any  county,  amounting  to  one  thousand  dollars,  that  can  not  be 
loaned,  the  county  treasurer  shall  certify  this  fact  to  the  register 
of  the  state  board  of  land  commissioners,  who  shall  order  a  trans- 
fer thereof  to  some  other  county  or  counties  where,  in  his  opinion, 
it  can  be  loaned,  and  the  state  treasurer  shall  make  such  transfer. 
Upon  such  transfer  being  made,  the  state  treasurer,  and  also  the 
register,  shall  deduct  such  amount  from  the  amount  apportioned 
to  such  county,  and  shall  add  the  same  to  the  amount  apportioned 
to  the  county  or  counties  to  which  the  transfer  is  made  with  the 
amount  so  transferred.  (L.  1905,  p.  338,  sec.  45;  sec.  5206,  R.  S. 
1908,  p.  1226.) 

Sec.  160.  County  responsible  for  bad  loans — Tax  levy. — The 
county  in  which  any  loan  is  made  from  any  permanent  fund, 
either  for  school,  agricultural  college,  or  any  other  permanent 
fund,  under  the  control  of  the  state  treasurer,  which  shall  be 
derived  from  the  sale  of  lands  appropriated  by  the  congress  of 
the  United  States  as  a  permanent  grant,  shall  be  responsible  for 
any  loss  which  may  be  incurred  by  any  such  loan  from  such  fund, 
and  in  case  a  loss  does  occur  because  of  such  loan  the  county  coin 
missioners  of  the  county  in  which  such  loan  was  made,  and  in 
which  the  land  was  situated  which  was  given  as  security  for  said 
loan,  shall  make  a  tax  levy  at  the  next  succeeding  general  tax 
levy  to  reimburse  the  state  treasurer  for  such  loss,  which  tax  levy 
shall  be  added  to  the  general  tax  levy  for  state  and  county  pur- 
poses, and  shall  be  collected  proportionately  from  all  of  the  tax- 
able property  situated  within  said  county.  (L.  1905,  p.  338,  sec. 
46;  sec.  5207,  R.  S.  1908,  p.  1226.) 

Sec.  161.  Procedure  when  loans  overdue  and  unpaid. — When 
outstanding  notes  for  money  of  any  permanent  fund  loaned  or 


62  COLORADO    STATE    LAND   LAWS 

interest  thereon  becomes  due,  the  register  of  the  state  board  of 
land  commissioners  shall,  by  mail,  at  once  notify  the  debtor  to 
make  payment  thereof  within  thirty  days.  If  such  debtors  shall 
neglect  to  comply  with  such  notice,  the  register  of  the  state  board 
of  land  commissioners  shall  report  the  same  to  the  attorney  gen- 
eral and  to  the  attorney  for  the  state  board  of  land  commission- 
ers, who  shall  immediately  bring  action  to  recover  the  same,  and 
an  injunction  may  issue  for  cause,  without  bond,  when  so  prayed. 
Upon  the  sale  of  lands  under  an  execution  found  upon  a  perma- 
nent fund  claim  or  right,  the  register  of  the  state  board  of  land 
commissioners  shall  bid  at  such  sale  as  the  interests  of  such  fund 
requires,  and  if  struck  off  to  the  state  it  shall  be  thereafter  treated 
in  all  respects  the  same  as  other  lands  belonging  to  said  fund, 
and  shall  be  regarded  as  property  of  the  state  as  if  the  same  had 
never  been  sold.  (L.  1905,  p.  339,  sec.  47;  sec.  5208,  R.  S.  1908, 
p.  1226.) 

Sec.  162.  Penalty  for  neglect  of  duty  by  county  officer. — Any 
county  officer  failing  or  neglecting  to  perform  any  of  the  duties 
which  are  required  of  him  by  the  provisions  of  this  act  shall  be 
liable  to  a  penalty  of  not  less  than  five  dollars,  and  not  more 
than  five  hundred  dollars,  to  be  recovered  by  an  action  of  debt  in 
the  district  court  in  and  for  the  city  and  county  of  Denver  by 
the  state  board  of  land  commissioners,  the  judgment  to  be  entered 
against  the  party  and  his  bondsmen,  and  the  proceeds  to  go  to 
the  permanent  public  school  fund.  (L.  1905,  p.  339,  sec.  48;  sec. 

5209,  R.  S.  1908,  p.  1226.) 

Sec.  163.  Sale  of  lands  bought  in. — When  lands  have  been 
sold  and  have  been  again  recovered  by  the  state  board  of  land 
commissioners  in  behalf  of  the  fund  to  which  they  properly  belong, 
upon  a  judgment  in  favor  of  such  fund,  the  land  may  be  sold  in 
like  manner  as  other  state  lands.  (L.  1905,  p.  339,  sec.  49;  sec. 

5210,  R,  S.  1908,  p.  1226.) 

Sec.  164.  Terms  of  payment  for  land. — When,  in  the  judg- 
ment of  the  state  board  of  land  commissioners,  any  of  the  state 
lands  are  of  such  character  that  a  sale  upon  partial  credit  would 
be  unsafe  and  incompatible  with  the  interests  of  such  permanent 
fund,  the  state  board  of  land  commissioners  may  exact  the  whole 
of  the  purchase  money  in  advance,  or,  if  it  sells  such  land  upon 
partial  credit,  it  shall  require  good  collateral  security  for  the 
payment  of  the  part  upon  which  credit  is  given.  (L.  1905,  p.  340, 
sec.  50;  sec.  5211,  R.  S.  1908,  p.  1227.) 

Sec.  165.  When  interest  due — Effect  of  default. — In  all  cases 
where  money  is  due  to  any  of  the  permanent  funds,  either  for 
lands  or  purchase  price  of  lands  sold,  or  for  interest  upon  either 


COLORADO  STATE  LAND  LAWS  63 

of  same,  the  interest  shall  be  made  payable  on  the  first  day  of 
January  and  the  first  day  of  July  of  each  year,  and  if  the  debtor 
fails  to  pay  the  same  within  thirty  days  thereafter,  the  entire 
amount  of  both  principal  and  interest  shall  become  due,  and  the 
register  of  the  state  board  of  land  commissioners  shall  at  once 
make  a  report  of  same  to  the  attorney  general  and  to  the  attorney 
for  the  state  board  of  land  commissioners,  who  shall  immediately 
commence  action  for  the  collection  of  the  amount  reported  to 
them  as  due,  and  this  section  and  each  provision  thereof  is  hereby 
declared  to  be  a  part  of  every  contract  made  by  virtue  of  this 
chapter,  whether  expressed  therein  or  not.  (L.  1905,  p.  340,  sec. 
51;  sec.  5212,  R.  S.  1908,  p.  1227.) 

Sec.  166.  Mineral  department  —  Superintendent  —  Salary — 
Duties — Report — Bond. — The  state  board  of  land  commissioners 
are  hereby  authorized  and  directed  to  establish,  under  the  juris,- 
diction  of  the  register  of  the  state  board  of  land  commissioners, 
a  mineral  department,  and  appoint  a  superintendent  of  the  same 
at  a  salary  of  two  thousand  (2,000)  dollars  annually,  who  shall 
have  been  a  resident  of  the  state  of  Colorado  for  more  than  five 
years  last  past,  and  shall  have  had  experience  as  a  mining  engi- 
neer for  at  least  five  years,  and  shall  be  familiar  with  mining  and 
the  underground  workings  of  mines.  It  shall  be  the  duty  of  the 
superintendent  to  inspect  in  person  all  mines  and  other  works 
operated  under  leases  from  the  state  of  Colorado,  for  the  produc- 
tion of  precious  metals,  coal,  iron,  oil  or  other  mineral  products 
upon  which  rentals  are  due  to  the  state  upon  the  basis  of  a  royalty 
upon  the  production  therefrom,  as  often  from  time  to  time  as  he 
shall  deem  necessary  for  the  purpose  of  estimating  and  checking 
royalties  therefrom;  he  shall  also  make  surveys  and  keep  such 
maps  of  the  workings  of  all  mines  as  will  give  the  land  depart- 
ment full  information  concerning  the  same;  and  shall  supervise  all 
mining  and  require  the  same  to  be  done  in  accordance  with  the 
best  methods  of  mining ;  he  shall  also  check  the  royalties  reported 
as  due  under  such  lease  for  the  preceding  month  and  compare  the 
same  with  the  surveys  and  other  inspections  made  by  him;  and 
shall  report  on  or  before  the  20th  day  of  each  month  the.  result 
of  such  examinations  and  checking  to  the  state  board  of  land  com- 
missioners ;  every  mine  and  other  works  upon  the  public  domain 
of  the  state  of  Colorado,  held  under  lease  therefrom  by  any  per- 
son, association,  co-partnership  or  corporation,  shall  be  at  all 
times  subject  to  the  inspection  of  the  superintendent.  He  shall 
inspect  and  examine  all  lands  held  under  lease  from  the  state  of 
Colorado,  providing  for  the  payment  of  royalties  from  the  produc- 
tion therefrom,  and  report  to  the  state  board  of  land  commission- 
ers the  condition  of  said  lands,  the  amount  of  work  and  develop- 


64  COLORADO  STATE  LAND  LAWS 

ment  done  thereon  by  such  lessee,  and  make  such  recommenda- 
tions relative  thereto  as  he  may  deem  advisable.  A  further  sum, 
not  in  excess  of  six  hundred  (600)  dollars  annually,  shall  be 
allowed  the  superintendent  for  expenses.  Before  entering  upon 
his  duties  as  superintendent,  the  appointee  of  the  state  board  of 
land  commissioners  shall  give  bond  to  the  state  of  Colorado,  in 
the  penal  sum  of  ten  thousand  (10,000)  dollars,  conditioned  upon 
the  faithful  discharge  of  his  duties.  (L.  11)05,  p.  340,  see.  52; 
sec.  5213,  R.  S.  1908,  p.  1227.) 

Sec.  167.  Coal  royalties — Tonnage — How  calculated. — Any 
person,  association,  co-partnership  or  corporation  leasing  and  op- 
erating coal  lands  under  the  provisions  of  this  act  shall  pay  to 
the  deputy  register  of  the  state  board  of  land  commissioners  a 
minimum  price  of  not  less  than  ten  (10)  cents  for  each  and  every 
ton  of  coal  mined  from  said  land,  to  be  paid  monthly,  on  or  before 
the  25th  day  of  each  month  for  the  coal  mined  during  the  pre- 
ceding calendar  month.  Should  the  person,  association,  co-part- 
nership or  corporation  so  leasing  coal  land  fail  to  mine  during 
any  one  year  the  minimum  amount  that  may  be  provided  for  in 
the  terms  of  the  lease,  then  the  amount  so  paid  shall  be  applied 
and  deemed  as  an  advance  payment  of  royalty  upon  coal  actually 
mined  in  any  subsequent  year  in  excess  of  the  minimum  provided 
for  in  said  lease.  The  term  ton,  as  herein  used,  means  twenty- 
seven  (27)  cubic  feet  of  coal,  measured  in  the  solid,  and  shall  be 
ascertained  by  the  measurements  of  the  space  from  which  the  coal 
is  mined,  deducting  therefrom  all  space  occupied  by  slate  or  other 
impurities.  Such  measurements  shall  be  made  monthly  by  the 
superintendent  of  the  mineral  department,  according  to  the  pro- 
visions of  this  act.  (L.  1905,  p.  341,  sec.  53;  sec.  5214,  K.  S.  1908, 
p.  1227.) 

[Mining  leases.     Section  127.] 

[Ton  defined.    Sections  662  and  7025,  R.  S.  1908.] 

Sec.  168.  Mining  location  on  state  lands. — Locations  of  min- 
eral claims  not  exceeding  three  hundred  feet  wide  and  fifteen  hun- 
dred feet  long  each,  may  be  made  upon  unleased  lands  belonging 
to  the  state  of  Colorado,  as  hereinafter  provided.  The  discoverer 
of  a  body  of  mineral,  in  either  a  lead,  lode,  ledge,  deposit,  vein  or 
contact,  shall  immediately  post  conspicuously  a  notice  declaring 
that  he  has  made  such  discovery  on  the  date  attached  to  said 
notice.  The  locator  shall  be  allowed  ninety  days  from  such  date 
in  which  to  perform  assessment  work  by  shaft  or  tunnel,  which 
assessment  work  shall  not  be  at  a  less  cost  than  one  hundred 
dollars  in  each  year,  and  to  survey  and  set  the  corner  posts  of 
said  claim,  and  to  file  a  certificate  of  location  with  the  register 
of  the  state  board  of  land  commissioners,  which  certificate  shall 


COLORADO  STATE  LAND  LAWS  65 

be  recorded  in  said  office,  and  an  entry  made  upon  the  plat  and 
tract  books  of  such  location;  such  procedure  shall  empower  the 
locator  to  retain  possession  of  and  operate  said  claim  for  a  period 
of  one  year,  at  the  end  of  which  time  he  shall  be  required  to  pur- 
chase said  claim  or  take  a  lease  upon  such  terms  as  may  be  agreed 
upon  by  the  state  board  of  land  commissioners.  Should  the 
locator  elect  to  purchase  said  claim,  it  shall  not  be  sold  at  less 
than  ten  (10)  dollars  per  acre.  (L.  1905,  p.  342,  sec.  54;  sec.  5215, 
R.  S.  1908,  p.  1228.) 

Sec.  169.  State  patent  to  mining  claims. — Before  any  locator 
will  be  allowed  to  purchase  the  claim  located  by  him,  satisfactory 
proof  must  be  submitted  to  the  state  board  of  land  commissioners 
that  said  section  is  more  valuable  for  mineral  purposes  than  for 
any  other  purpose,  and  that  the  mining  claim  for  which  patent  is 
applied,  contains  a  body  of  mineral  in  place  of  sufficient  value  to 
justify  the  operation  of  same  as  a  merchantable  product;  Pro- 
vided, That  filing  shall  not  be  accepted  upon  coal,  oil  or  stone 
lands.  (L.  1905,  p.  342,  sec.  55 ;  sec.  5216,  R.  8.  1908,  p.  1228.) 

Sec.  170.  Allowance  to  lessees  when  their  land  is  sold. — When 
an  application  to  purchase  state  or  school  land,  which  has  been 
under  lease  for  not  less  than  five  years,  shall  be  filed  in  the  office 
of  the  state  board  of  land  commissioners,  the  register  shall  refer 
the  same  to  an  appraiser,  who  shall  visit  the  land  proposed  to  be 
purchased,  and  who  shall  report  in  writing  to  the  state  board  of 
land  commissioners,  giving  the  value  of  said  land  at  the  time  it 
was  first  leased,  and  an  estimate  of  the  present  value  of  said  land 
by  reason  of  the  lessee's  cultivation  and  improvement  of  same, 
and  fifty  per  cent,  of  the  difference  between  the  valuation  at  the 
time  of  issuing  lease  and  the  valuation  at  the  time  of  filing  the 
application  for  purchase,  shall  be  allowed  as  an  improvement  to 
be  paid  for  if  land  is  purchased  by  any  person  other  than  the 
lessee,  and  the  said  lessee  to  receive  the  sum  so  paid  by  reason  of 
the  cultivation  or  improvement  of  said  land  as  payment  for  his 
labor.  (L.  1905,  p.  342,  sec.  56;  sec.  5217,  R.  S.  1908,  p.  1228.) 

Sec.  171.  Exchange  of  lands  in  forest  reserves. — The  state 
board  of  land  commissioners  is  hereby  authorized  and  empowered 
to  .exchange  any  lands,  the  income  from  which  is  devoted  to  the 
public  schools  of  the  state  of  Colorado,  the  state  university,  the 
state  agricultural  college,  penitentiary,  internal  improvements, 
saline  or  any  other  lands  which  may  be  under  the  control  of  said 
state  board  of  land  commissioners,  and  which  may  have  been 
granted  to  said  state  of  Colorado  by  the  congress  of  the  United 
States,  and  which  lands  are  situated  within  the  exterior  boundary 
line  of  any  federal  forest  reserve  which  may  have  been  heretofore, 


66  COLORADO  STATE  LAND  LAWS 

or  shall  be  hereafter  established,  for  such  unappropriated  federal 
lands  in  the  state  of  Colorado  as  the  state  board  of  land  commis- 
sioners may  select;  and  the  register  of  said  land  board  is  hereby 
empowered  to  sign  all  papers  necessary  to  such  transfer,  under 
the  direction  of  said  board.  (L.  1905,  p.  343,  sec.  57;  sec.  5218, 
R.  S.  1908,  p.  1228.) 

[Application  to  cut  timber  on  state  land.     Sections  28-34.] 
[Unlawful  to  set  fire  to  timber  lands.     Section  2737,  R.  S.  1908.] 


STATE  FUNDS 

Sec.  172.  Treasurer  custodian  of  all  state  money — Provisions 
— Expenditures. — The  state  treasurer  is  hereby  designated  as  the 
custodian  of  al^  moneys  belonging  to  the  state  of  Colorado  or  to 
any  institution,  bureau,  or  department  or  public  office  of  the  state. 
All  appropriations  heretofore  or  hereafter  made  shall  be  with- 
drawn from  the  hands  of  the  state  treasurer  only  as  the  expendi- 
tures authorized  by  such  appropriations  are  incurred  and  the  pay- 
ments thereon  become  due;  and  no  withdrawal  of  funds  from  the 
treasury  shall  be  lawful  or  permitted  in  any  instance  for  the 
purpose  of  depositing  such  moneys  in  banks  or  with  other  private 
or  public  trustees. 

The  provisions  of  this  act  shall  apply,  but  not  exclusively,  to 
all  appropriations  made  for  maintenance  of  or  construction 
for,  state  institutions  whether  continuing  or  biennial,  or  in  any 
other  form,  and  whether  in  the  form  of  special  mill  levies,  or  as 
appropriations  from  the  general  funds,  or  from  any  special  or 
limited  funds,  and  shall  apply  to  appropriations  from  the  internal 
improvement  fund. 

All  expenditures  from  funds  in  the  hands  of  the  state  treas- 
urer as  custodian  or  otherwise,  shall  be  withdrawn  only  upon  the 
issuance  of  vouchers  certified  or  approved  by  the  person,  persons, 
officer  or  institution  having  control  and  direction  of  such  fund, 
and  by  warrants  drawn  against  such  funds  in  accordance  there^ 
with  by  the  state  auditor.  (Ch.  147,  S.  L.  1913,  p.  580.) 

Sec.  173.  Institutions  shall  deposit  all  fees,  etc.,  with  state 
treasurer  —  Officials  in  state  capitol  building  shall  make  daily 
deposits — Other  officials  shall  make  monthly  deposits. — The  sev- 
eral educational,  charitable  and  penal  institutions  of  the  state 
which  derive  moneys  from  tuition  fees,  contributions,  or  the  sale 
of  products,  or  from  any  other  source,  and  the  several  depart- 
ments and  officers  of  the  state  who  derive  or  receive  moneys  from 
fees,  taxes,  sales,  penalties,  licenses,  permits,  or  other  sources,  are 
hereafter  required  to  deposit  such  funds  with  the  state  treasurer 


COLORADO  STATE  LAND  LAWS  67 

as  custodian  thereof.  The  various  cash,  fee  and  other  funds  above 
described  shall  be  drawn  upon  and  diminished  by  the  officers 
having  authority  so  to  do,  only  by  vouchers  and  warrants  as  above 
described.  It  shall  be  the  duty  of  every  department  and  officer 
receiving  any  public  moneys  whose  office  shall  be  in  the  state 
capitol  building,  to  deposit  such  funds  including  funds  paid  in 
under  protest  daily  in  the  office  of  the  state  treasurer,  who  shall 
receipt  therefor,  and  such  deposit  shall  be  made  to  accord  with 
the  regulations  of  the  public  examiner.  Every  other  officer,  de- 
partment and  institution  shall  deposit  monthly  with  the  cus- 
todian, and  in  such  form,  and  on  such  day  as  may  be  prescribed 
by  the  regulations  of  the  public  examiner.  Provided,  however, 
That  items  of  postage,  express,  telegrams  and  similar  incidental 
expenses  may  be  paid  by  any  state  institution  and  a  voucher 
drawn  monthly  at  the  end  of  each  month  to  cover  the*  total 
amount  of  such  expenses  for  such  month  and  the  auditor  shall 
draw  his  warrant  on  the  state  treasurer  for  the  amount  of  such 
vouchers  when  properly  approved.  Provided,  That  a  sum  of  not 
exceeding  one  thousand  dollars  ($1,000)  may  be  kept  with  the 
local  treasurer  of  each  state  educational,  charitable  or  penal  in- 
stitution for  emergencies,  said  sum  shall  be  subject  to  the  order 
of  the  board  of  control  of  the  institution  to  which  said  fund 
belongs.  (Ch.  147,  S.  L.  1913,  p.  581.) 

Sec.  174.  Public  officers  shall  report  receipts  to  state  auditor. 
— It  shall  be  the  duty  of  every  public  officer,  department  and 
institution  which  is  authorized  by  law  to  receive  money  from 
sources  other  than  appropriation  from  the  revenues  of  the  state, 
to  report  to  the  state  auditor  in  such  form  as  the  public  examiner 
may  prescribe,  and  on  such  date  as  he  may  prescribe,  in  the  first 
week  of  each  month  following  the  date  set  for  the  transmission 
of  such  funds  to  the  state  treasurer.  Such  report  shall  be  made 
under  oath  and  shall  state  fully  the  sources  and  amounts  of  all 
moneys  received  during  the  period  covered  by  the  report.  (Ch. 
147,  S.  L.  1913,  p.  581.) 

Sec.  175.  State  treasurer  custodian  of  all  funds  paid  in  under 
protest. — Funds  lodged  with  the  state  treasurer  under  this  act 
which  are  not  creditable  to  the  general  revenue  of  the  state,  and 
which  have  been  or  may  be  by  law  designated  for  purposes  other 
than  such  general  revenue  or  which  shall  have  been  paid  in  under 
protest  shall  not  be  deposited  in  the  treasury  of  the  state,  or  con- 
sidered therein,  but  shall  be  held  ty  the  state  treasurer  as  cus- 
todian, separate  and  apart  from  such  funds,  and  may  be  with- 
drawn from  his  custody  for  the  purposes  and  under  the  control 
of  the  officers  now  or  hereafter  vested  with  authority  so  to  do, 


68  COLORADO    STATE    LAND    LAWS 

subject,  however,  to  the  requirement  of  vouchers  and  warrants  as 
above  described.  (Ch.  147,  S.  L.  1913,  p.  582.) 

Sec.  176.  Regents  of  university  shall  have  exclusive  control 
of  its  funds. — Nothing  in  this  act  shall  be  construed  to  deprive  the 
Regents  of  the  University  of  Colorado  of  the  exclusive  control  and 
direction  of  all  funds  and  appropriations  to  the  University,  and 
this  act  is  intended  only  to  provide  for  the  safe  custody  and 
proper  preservation  of  the  said  funds.  The  unconstitutionality 
of  any  provision  or  provisions  of  this  act  as  applied  to  any  fund 
or  funds,  or  to  any  officer,  department  or  institution,  shall  be 
construed  to  render  inoperative  only  the  provisions  as  applied  to 
such  funds,  officers,  department  or  institution,  and  the  unconsti- 
tutionality of  any  single  provision  or  provisions  herein  shall  not 
render  the  other  provisions  inoperative,  the  various  requirements 
being  declared  separable.  (Ch.  147,  S.  L.  1913,  p.  582.) 

Sec.  177.  Every  state  officer  who  receives  money  shall  main- 
tain receipt  books.  —  Every  public  officer,  board,  commission, 
bureau,  department  or  institution  of  the  state  which  receives  or 
may  be  entitled  to  receive  funds  in  the  form  of  fees,  tuition, 
licenses,  taxes,  penalties,  sales,  permits  or  moneys  from  any 
source  other  than  appropriation  from  the  treasury,  'or  which  is 
entitled  to  receive  or  does  receive  moneys  in  any  form  from  the 
general  public,  shall  maintain  a  receipt  book,  or  in  any  instance 
the  public  examiner  shall  expressly  so  authorize,  two  or  more  sets 
of  receipt  books,  which  shall  be  public  documents.  The  receipts 
issued,  or  if  the  maintenance  of  two  or  more  sets  of  receipts  is 
expressly  authorized,  the  receipts  of  each  set  of  receipt  books  shall 
be  consecutively  numbered  in  series,  without  duplication,  gaps  or 
repetition  in  any  form  whatsoever,  except  the  single  duplicate  or 
stub  retained  by  the  issuer.  For  every  sum  of  money  whatsoever 
received  by  such  public  officer,  board,  commissioner,  bureau,  de- 
partment or  institution,  a  receipt  shall  be  issued  in  order  of  such 
payment,  the  number  of  which  printed  thereon,  shall  follow  next 
after  the  last  receipt  issued,  and  no  receipt  shall  be  issued  out  of 
the  order  or  sequence  prescribed  herein.  The  issuance  of  each 
receipt  shall  be  accompanied  by  the  preparation  of  a  stub  or 
duplicate  similarly  numbered  and  containing  the  same  matters. 
Receipt  forms  which  may  be  cancelled  or  spoiled  shall  in  no  case 
be  substituted  for,  but  shall  be  preserved  with  the  stub  and  so 
designated  as  cancelled  or  spoiled,  and  the  receipt  form  next  in 
numerical  order  shall  be  issued  instead.  (Ch.  147,  S.  L.  1913, 
p.  582.) 

Sec.  178.  Violations  a  misdemeanor — Punishment  and  fine — 
Penalty  for  retaining  money. — Failure  to  transmit  or  deposit 
moneys  of  fund  as  provided  in  this  act,  or  failure  to  report  as 


COLORADO  STATE  LAND  LAWS  69 

provided  herein,  or  the  expenditure  of  any  public  fees  or  moneys 
except  in  the  manner  provided  for  herein,  or  wilful  false  state- 
ment under  oath  in  any  report  required  herein,  or  the  violation 
of  any  of  the  provisions  of  this  act,  shall  be  deemed  a  misde- 
meanor, punishable  by  a  fine  of  not  to  exceed  one  thousand  dollars 
($1,000.00)  or  by  imprisonment  for  not  to  exceed  one  year,  and 
every  member  of  a  board  or  commission  which  may  be  in  default 
shall  be  deemed  individually  liable  if  assenting  thereto. 

In  addition  thereto,  any  person  or  persons  wilfully  retaining 
public  moneys  beyond  the  period  permitted  by  this  act  shall  be 
liable  to  the  people  in  a  penalty  of  one  per  cent,  thereof  for  each 
day  in  default  to  be  recovered  in  a  civil  action  filed  by  the  attor- 
ney-general upon  request  of  the  state  treasurer.  (Ch.  147,  S.  L. 
1913,  p.  583.) 

Sec.  179.  Shall  not  affect  county  officers. — Nothing  in  this 
act  shall  affect  the  duties  of  any  of  the  county  treasurer  or  other 
county  or  city  officer.  (Ch.  147,  S.  L.  1913,  p.  583.) 

Sec.  180.  Safety  clause.  —  The  general  assembly  hereby 
declares  that  this  act  is  necessary  for  the  immediate  preservation 
of  the  public  safety.  (Ch.  147,  S.  L.  1913,  p.  584.) 


STATE  FUNDS— FEES  AND  COLLECTIONS 

Sec.  181.  Shall  pay  over  moneys  to  state  treasurer  on  or 
before  the  second  Monday  of  each  month. — Every  officer  and 
employe  whose  duty  is  to  collect  moneys  for  the  state  of  Colorado, 
whether  as  fees  or  otherwise,  and  whether  or  not  such  moneys  or 
any  part  thereof  be  a  fund  out  of  which  his  compensation  and 
expenses,  or  either  of  them,  are  to  be  paid,  shall  unless  otherwise 
provided  by  law  pay  over  all  moneys  so  collected  by  him  to  the 
state  treasurer  on  or  before  the  second  Monday  of  each  month, 
without  first  deducting  therefrom  any  part  of  his  salary  or  other 
compensation,  or  any  part  of  the  expenses  of  his  office;  which 
salary,  compensation  and  expenses,  if  legally  chargeable,  shall 
when  the  claims  have  been  duly  presented  and  audited  in  the 
manner  prescribed  for  the  allowance  of  all  claims  against  the 
state,  be  paid  out  of  the  proper  fund  or  funds  as  provided  by  law. 
(Ch.  148,  S.  L.  1913,  p.  585.) 

Sec.  182.  Violations — Misdemeanor — Penalty. — Any  officer 
who  violates  this  act  shall  be  deemed  guilty  of  a  misdemeanor 
and,  upon  conviction  in  a  county  or  district  court,  he  shall  be 
punished  by  a  fine  of  not  to  exceed  one  thousand  dollars,  or  by 
imprisonment  for  not  exceeding  one  year,  or  by  both  such  fine  and 


70  COLORADO  STATE  LAND  LAWS 

imprisonment;  and  a  conviction  hereunder  shall  operate  as  a  per- 
manent removal  of  the  defendant  from  the  office  or  employment 
held  by  such  defendant.  (Ch.  148,  S.  L.  1913,  p.  585.) 

Sec.  183.  Safety  clause.  —  The  general  assembly  hereby 
declares  that  this  law  is  necessary  for  the  immediate  preservation 
of  the  public  safety.  (Ch.  148,  S.  L.  1913,  p.  586.) 


